San Bernardino Drug Crimes Attorney

Defending Californians who have been charged with possession, sales and/or transportation of cocaine, heroin or methamphetamine.

Were you recently arrested for possessing, selling or transporting cocaine, heroin or methamphetamine in San Bernardino? These are serious crimes that can result in serious consequences. Contact The Law Offices of David S. Chesley to discuss your circumstances and the best ways to fight your case. With the best criminal defense attorneys in San Bernardino, a successful outcome is possible.

Understanding California’s Drug Laws

Cocaine, heroin and methamphetamine are all scheduled drugs, which means they have a high potential for abuse. Simply having them in your possession can lead to felony charges. Below is more information on the various cocaine, heroin and meth laws in San Bernardino.

San Bernardino’s Cocaine and Heroin Laws

Cocaine is a Schedule II drug and has a severely limited medical use. Heroin is a Schedule I drug that has no medical use in California. To protect individuals from drug abuse and addiction, there are laws that regulate the use, possession and sales of cocaine and heroin. By possessing either of these drugs, you could be committing a felony.

Here are some of the most common drug crimes in San Bernardino that involve cocaine and heroin.

• Possession of cocaine/heroin (HS 11350). This law prohibits various illegal drugs, including cocaine and heroin. If found in violation, you could be charged with a misdemeanor or felony. A misdemeanor carries up to one year in county jail and up to $1,000 in fines. A felony carries up to three years in jail. Fortunately, this conviction may allow you to participate in a drug diversion program.
• Possession or purchase of cocaine/heroin (HS 11351). This law includes the same drugs from 11350 but carries harsher consequences because sales is involved. This conviction comes with prison time, usually two to five years, as well as up to $20,000 in fines.
• Transporting or selling cocaine/heroin (HS 11352). This law makes it a crime to transport or sell cocaine/heroin. It is the most serious of the three offenses. If convicted, you could face up to five years in state prison (more if you transported the cocaine/heroin over two county lines with intent to sell) and up to $20,000 in fines.
• Being under the influence of cocaine/heroin (HS 11550). It is a crime to be under the influence of cocaine in public. If you are found guilty, your penalties may include jail time or the participation of a drug diversion program.

San Bernardino’s Methamphetamine Laws

Under Health and Safety Code 11377, it is illegal to possess methamphetamine without a valid prescription. Usually, possession of methamphetamines is charged as a misdemeanor. You could face up to one year in county jail and up to $1,000 in fines. However, possession of meth can be charged as a felony if you have a previous conviction on your record. In this case, you could receive sixteen, two or three years in jail.

Health and Safety Code 11378 is a more serious offense because it means you possessed crystal meth with intent to sell. This is a felony offense that carries sixteen, two or three years in jail as well as fines up to $10,000.

When you work with our San Bernardino methamphetamine possession lawyers, you will receive excellent legal representation that protects your reputation. One run-in with the law shouldn’t label you as a drug offender.

Legal Defenses for Cocaine, Heroin or Methamphetamine Crimes

The Law Offices of David S. Chesley know how to fight drug charges and get them reduced or dismissed. It is possible to be successful in these cases, so do not feel pressured to admit to something you did not do. Below are the possible legal defenses that our drug crimes attorneys in San Bernardino may use.

• Illegal search and seizure. If law enforcement obtained the substance without a valid search warrant, the evidence will be dismissed. Police must follow proper search and seizure procedures for the evidence to be valid.
• If you committed a crime only because the police lured you into doing so, your case will be dismissed.
• Police misconduct. If law enforcement engaged in misconduct, such as falsified evidence or a coerced confession, the evidence will be discounted.
• Did not belong to you. In order to be convicted of possession, the drug must have been yours. If it belonged to someone else, you are not guilty.
• You had a legal prescription. If you had a legal prescription for methamphetamine, you cannot be found guilty of possession. However, you must have only the amount that is consistent with your prescription.

If you are being charged with sales or transportation, we can admit that you possessed the drug but only for personal use and not to sell. Even though you will still be charged with possession, this is a less serious offense with less serious charges. You may be required to complete a drug diversion program, but jail time can be avoided. Unfortunately, those who are convicted of possessing and selling do not have this option.

Sting Operations in San Bernardino

Many of our clients are the result of sting operations. If this is the case for you, rest assured that our affordable drug crimes lawyers in San Bernardino are highly experienced in this area. Many undercover stings involve police misconduct, which we can use to our advantage. Police want these operations to be successful, so they often plant or fabricate evidence, use excessive force to seize the drugs or coerce confessions.

Schedule a Consultation with Our San Bernardino Drug Crimes Attorneys

If you or someone you love has been charged with the possession, sale and/or transportation of cocaine, heroin or crystal meth, contact The Law Offices of David S. Chesley right away. These are serious charges with serious penalties, including the stigma of being a drug offender. We know how to fight these cases and reduce or dismiss charges. Contact us today for your free consultation.