Orange County Drug Attorney – Drug Crimes Defense – The OC Criminal Defense Pros (2022)

  1. 1 Quick Overview Of Orange County Illegal Drug Crime Laws( Possessions, Sales, Manufacturing, Trafficking)
    1. 1.1 What Are OC Drug Charges?
    2. 1.2 Drug Possession
    3. 1.3 Drug Sales
    4. 1.4 Drug Trafficking
    5. 1.5 Manufacturing Of Narcotics
    6. 1.6 Penalties If Convicted Of Drug Offenses in the County
    7. 1.7 Possible Defense Strategies For Orange County Drug Crime Charges
  2. 2 The OC Criminal Defense Pros Can Connect You With Drug Attorneys For Free Consult on Possession, Sales, Trafficking, Manufacturing Cases

In need of an experienced Orange County drug crime lawyer for possessions, sales, trafficking, and manufacturing charges?

You need to contact and hire an experienced criminal defense law firm experienced in handling Orange County drug offenses charges.

It is important to hire the best representation for your case because typically drug offense lawyers have seen it all and know how to navigate the county courtroom to get their client’s results.

The Orange County Criminal Defense Pros highly recommend that you find the right private Orange County drug crimes attorney to help defend you and keep you out of OC jail or prison.

Quick Overview Of Orange County Illegal Drug Crime Laws( Possessions, Sales, Manufacturing, Trafficking)

What Are OC Drug Charges?

Orange County drugs and narcotics charges can be very serious.

(Video) Orange County Attorney - Felony and Misdemeanor Cases

The illegal possession or transportation of controlled substances, the sale of narcotics, possession of drug paraphernalia, methamphetamine, manufacturing of narcotics and drugs, or even driving under the influence of these substances are all crimes under the California criminal law.

Fortunately, an Orange County drug crimes lawyer can help a great deal in fighting the charges and even securing a drug treatment program that is effective enough. With the help of the right attorney, you can actually have the case thrown out of the court.

Below are some of the types of California drug crimes that Orange County charges may fall under.

Drug Possession

The possession of drugs in Orange County cities falls under the California Health and Safety Code § 11350. Some drug possessions can be charged as a misdemeanor or a felony. The possession of marijuana without a doctor’s approval for medical use, for example, is mostly charged as a misdemeanor.

Drug possession in the city the county cities under the state law is a wobbler which means that prosecutors can charge the drug offense as a misdemeanor or felony. OC drug possession can also be an infraction based on your prior criminal history, the type of and amount of the possession, etc.

There is also the law for drug possession with the intent to sell it and distribute and the possession to use.

The possession of a drug or drugs typically occurs in three ways.

These ways are known as constructive, actual, and joint possession means.

(Video) Orange County Criminal Defense Attorney Mark Fredrick defends First or Second Degree Murder Cases

Constructive Possession: This is when you have the right to control the drug even when you don’t have it in your possession.

Actual Possession: This is when you are carrying the drug on you and have it in your possession.

Joint Possession: This is basically when two or more people share actual or constructive possession of a drug(s).

As you can see drug possession can be complicated so it is important that you hire the right drug possession attorney in Orange County for help

Drug Sales

California Health & Safety Code 11351 states that it a felony to possess an illegal drug for the purpose of selling it.

Drug sales are a serious offense compared to simple possession.

Drug Trafficking

Drug trafficking is also another serious drug offense that needs to be taken seriously. It carries heavy penalties if convicted of this crime. So what is drug trafficking then?

The trafficking of a drug(s) is basically when one is administering, furnishing, importing, transporting, selling while crossing state lines.

(Video) Orange County Criminal Defense Attorney Restraining Order

Manufacturing Of Narcotics

The manufacturing of drugs in Orange County falls under Health & Safety Code 11379.6 HS “Manufacturing Drugs and Narcotics”

Under this law drug manufacturing may include the production, compounding, propagation, preparation, conversion, compounding, preparation, and processing of a drug illegally.

Penalties If Convicted Of Drug Offenses in the County

The penalties you face for drug offenses charges typically depend on the state and federal law. Some drug crimes are both federal and state offenses. And each state and federal have minimal sentencing guidelines which typically determines the penalty you will get.

The type of penalty you will get also depends on the type of drug, amount, intent, prior history, and whether you had a gun with you or murder is involved, etc.

Also, whether your case is charged as a misdemeanor or felony determines the severity of the penalty.

Below are some of the penalties you can face if convicted of a controlled substance:

  • Three(3) to Nine(9) years in prison
  • Drivers license suspension
  • Fines
  • Few months in county jail

Because of how serious and severe drug crime penalties in OC are on both the federal and state level, it will do you good to retain an experienced and skilled Orange County drug offense law firm to help defend you.

Possible Defense Strategies For Orange County Drug Crime Charges

There are many defense strategies experienced and smart Orange county drug crimes lawyers can use to get your charges thrown out or reduced significantly.

(Video) Criminal Attorney - Orange County Criminal Defense

One of the strategies is to look into how you were arrested. Oftentimes law enforcement will make mistakes like not reading your right properly, using bogus search warrants, and entrapment.

When these mistakes are discovered a lawyer can file for the evidence to be suppressed.

Your experienced and qualified lawyer knows how to best tackle the cases, whether you are guilty or innocent to reduce the charges or sentences. He or she can do this in different ways, including the following.

  • Unveiling ignored California rules in the search and seizure process. Most law enforcers ignore the rules taking advantage of the fact that not many people understand their rights. Your attorney can make great changes in the case by unveiling the ignored rules.
  • Unveil set up suspects used in some cases to nail you. This is usually in violation of California’s entrapment laws. You stand to gain a lot with such revelations on your case.
  • Your attorney will also tackle situations where the law enforcers have relied on bogus police informants. It can be quite unfair to be charged based on bogus information given and your attorney will make sure that this does not happen in your case.
  • He will also handle situations where the officers end up misleading the judge so that the search warrants can be bamboozled. You will get justice by ensuring that every process is handled as it should without any loopholes.
  • Police reports can also be exaggerated or made up of outright lies. Alone you will find it very difficult to challenge such reports, but with the help of your drug crime attorney, it is possible to challenge the reports to your advantage.
  • In some cases, you might be arrested without any evidence that the drugs were indeed yours. Lack of such evidence can get you off the hook and this is something your attorney can help achieve with ease. These are some of the ways your attorney can help your case by identifying areas where the officers went wrong in implicating you.

The OC Criminal Defense Pros Can Connect You With Drug Attorneys For Free Consult on Possession, Sales, Trafficking, Manufacturing Cases

It is advisable to seek the services of an experienced qualified attorney especially in serious offenses such as those involving drugs and narcotics.

Without an attorney, it would be hard for you to fight your case with the prosecution.

An experienced Orange County drug crimes lawyer knows exactly how to go about the process to ensure that everything is correct and fair to your advantage.

You will be surprised by how a small overlooked issue by the law enforcers has a way of setting you free from all the charges.

Drug crimes lawyers scrutinize your case from all angles to come up with the best way to help you out or ease the sentence or penalties.

(Video) Orange County California Criminal Defense Attorney Andrew Lloyd

Contact the number on this website for a free consult.

FAQs

Do defense lawyers distort the truth? ›

While it is true that defense lawyers occasionally distort the truth, it is also true that prosecutors are equally guilty of sometimes misrepresenting the truth to win a case. Most defense and prosecutorial misconduct is an unfortunate byproduct of the adversarial process.

What is the most common argument of a defense attorney? ›

One of the main arguments that a defense attorney can make in a criminal case is that the defendant did not fully understand the consequences of his or her actions.

How does a defense attorney prepare for a case? ›

A defense attorney gathers information through several means, including: Open and collaborative communication with his or her client to obtain a thorough personal and criminal history and to ascertain the client's mental capacity/state of mind, timeline of the crime, and relationship with the victim.

What is the difference between 11350 and 11377? ›

There is very little difference in substance between the statutes, except that unlike section 11350, which is most often charged as a felony (unless the drug is a certain class of barbiturates), section 11377 can be charged as a misdemeanor.

Do lawyers know their clients are guilty? ›

Although popular culture may detest the work that criminal lawyers do, the function of a lawyer is crucial in order to maintain justice and ensure fair outcomes for anyone that is facing legal charges. Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime.

Should you tell your attorney everything? ›

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

What are three arguments for a valid defence to a crime? ›

The accused can respond and present a defence to the charges. Accused persons can put forth three possible arguments: They can deny that they committed the act, disputing the • actus reus. They can argue that they lacked the necessary criminal intent or guilty • mind, disputing the mens rea.

What are the 5 defenses for justification? ›

If those circumstances fit into one of the five types of justification defenses, it can positively affect the outcome of your case. The five justification defenses are self-defense, necessity, duress, protecting others from harm, and defending your personal property.

What are the 6 affirmative defenses? ›

Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.

How do I prepare my defense in court? ›

Effective Criminal Defense Strategies
  1. Step 1: Review arrest and/or investigation details. ...
  2. Step 2: Retain expert witnesses when necessary. ...
  3. Step 3: Point out potential unreliability of an eyewitness' testimony. ...
  4. Step 4: Prepare the defendant to take the stand. ...
  5. Step 5: Get evidence against the defendant thrown out of court.
Jan 10, 2018

How do you write a statement to defend yourself? ›

Write a strong beginning statement. The first line will set the tone for the rest of the letter, so it will need to sound confident, professional, and ready to defend yourself. It is good to let the opposition know that you are not afraid of the charges against you and let them know that you have done your homework.

How much time do you get for drug possession in California? ›

Consequences of a Possession of a Controlled Substances Conviction. Under Proposition 47, possession of any drug on a Schedule is a misdemeanor crime, punishable by up to a year in prison. Not everyone qualifies for these misdemeanor charges, though.

What is a 3056 charge? ›

California Penal Code 3056 PC allows courts to keep parolees in custody while waiting for their parole revocation hearings to take place. During this time, the county has sole legal custody over the person.

Is HS 11377 a felony or misdemeanor? ›

After Prop 47 was passed, most HS 11377(a) methamphetamine possession cases are now charged as a misdemeanor crime.

What should you not say to a lawyer? ›

Five things not to say to a lawyer (if you want them to take you...
  • "The Judge is biased against me" Is it possible that the Judge is "biased" against you? ...
  • "Everyone is out to get me" ...
  • "It's the principle that counts" ...
  • "I don't have the money to pay you" ...
  • Waiting until after the fact.
Jan 15, 2010

Can a Defence lawyer turn down a case? ›

Can Lawyers Refuse to Defend Someone? Lawyers can refuse to defend someone unless a court refuses to grant them leave to withdraw from the matter. Common reasons why a criminal lawyer would not defend someone are if there is a conflict of interest (eg.

Do lawyers lie for their clients? ›

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

What if a lawyer knows his client is lying? ›

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Why do lawyers want to settle out of court? ›

Settlements are usually faster and more cost-efficient than trials. They are also less stressful for the accident victim who would not need to testify in front of a judge or hear the defence attempt to minimize their injuries and symptoms.

Can someone press charges without proof? ›

To win at trial, the prosecutor must prove beyond a reasonable doubt—a standard of proof much higher than probable cause—that the accused committed the crime. Prosecutors have a duty to seek justice, not convictions. If the evidence doesn't support a conviction, the prosecutor should not file charges.

What are the four excuse defenses? ›

Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment. If a defendant is legally insane at the time he commits the crime, he may be found not guilty by reason of insanity.

What is the standard of proof in a criminal case? ›

The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

What are 4 types of defenses? ›

When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.

What are the two required elements of most criminal offenses? ›

It is generally agreed that the essential ingredients of any crime are (1) a voluntary act or omission (actus reus), accompanied by (2) a certain state of mind (mens rea).

What is a excuse in criminal justice? ›

A type of defense that exempts the defendant from liability because of some circumstance, but does not actually condone the result that flowed (at least in part) from the defendant's actions.

What type of defense is entrapment? ›

Entrapment is a defense to criminal charges, and it's based on interaction between police officers and the defendant prior to (or during) the alleged crime. A typical entrapment scenario arises when law enforcement officers use coercion and other overbearing tactics to induce someone to commit a crime.

What is the standard of proof for an affirmative defense? ›

An affirmative defense operates to prevent conviction even when the prosecutor has proof beyond a reasonable doubt as to every element of the crime. Some jurisdictions place the burden on the defendant to prove the defense, while others require that the prosecution disprove the defense beyond a reasonable doubt.

Is the burden of proof ever on the defendant? ›

As a defendant, you have no burden of proof; you don't have to prove your innocence, the prosecutor has to prove your guilt. During your trial, you will have the ability to question and examine any evidence the prosecutors bring against you. However, you don't have to.

What is the duress defense? ›

Duress is the potential legal defense in which the defendant argues that he or she should not be held responsible or criminally liable for whatever criminal act was committed because the act was committed only out of an immediate fear of injury. Duress is one of the defenses classified as an excuse.

How do you beat the case? ›

Top 5 Ways to Beat a Criminal Case! (2021) - YouTube

What makes a good defendant? ›

BEING HONEST, SOMETIMES BRUTALLY HONEST!

A good lawyer will weigh all the evidence in your case and will tell you based on their experience and the facts before them what they think is a good course for you to take. Sometimes that is going to trial. Sometimes that is to plead your case.

What are the three basic tactics employed by a defendant to win a criminal trial? ›

One of California's top criminal trial lawyers, Aaron Spolin, puts it pretty simply when he explains how to win a criminal case: “You need a three-part approach: (1) file legal 'motions' to dismiss the case, (2) argue for the exclusion of evidence, and (3) explain clearly to the jury why the client is innocent.” This ...

What are some ways that a defense attorney can try to establish reasonable doubt? ›

To cast doubt on the truthfulness and reliability of prosecution witnesses, a defense attorney can use any or all of these tactics:
  • Demonstrate bias on the part of prosecution witnesses, who, therefore, may be lying.
  • Expose police mistakes in gathering, maintaining, and testing physical evidence.

What is defense evidence? ›

inquiry shall end with his defence; if he records a written defence, or exhibits evidence, the prosecutor shall be entitled ... case, and may also exhibit evidence to contradict any evidence exhibited for the defence, in which case the person accused. Central Government Act.

What should a defence statement contain? ›

In the defence statement, the accused should:
  • set out the nature of the defence, including any particular defences on which the accused intends to rely;
  • indicate the matters of fact on which the accused takes issue with the prosecution;
Oct 21, 2021

How do you defend yourself in court against false accusations? ›

These are:
  1. seek the help of a criminal defense attorney,
  2. conduct a pre-file investigation,
  3. gather evidence to support your side of the story,
  4. obtain evidence to impeach the accuser, and.
  5. take a private polygraph test.
Apr 20, 2022

Can a person defend himself in court without a lawyer? ›

Few Courts where It is Compulsory to Fight Your Own Case and No Advocates are Allowed. Rule 37 of the Family Court (Rules) 1988 empowers the Court to permit the parties to be represented by a lawyer in Court.

How do you address a judge in a letter? ›

When writing your envelope, address it to “The Honorable Judge [full name]”. Within the body of the letter, you can address the judge simply as “Judge [last name” or “Your Honor”.

How do you beat a drug sale charge in California? ›

The following are some examples of defenses that could help you beat your drug charges:
  1. The drugs weren't yours, and you were unaware that they were in your possession.
  2. Someone set you up.
  3. The lab made errors.
  4. The police did not follow proper procedures.
  5. You were illegally searched.

What is a usable amount of drugs? ›

A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces or debris are not usable amounts. A usable amount does not have to be enough to affect the user.

What is the penalty for possession of a controlled substance in California? ›

According to HS 11350(a), possession of a controlled substance is a misdemeanor in California punishable by up to 364 days in county jail. You can also be placed on probation or parole that will likely subject you to random drug testing and searches by the police.

What is a 10 day flash? ›

Flash incarceration, as described by California Penal Code § 3454, is a term between one to 10 days spent in jail for an infraction of one of your terms of probation.

What is a 422 PC charge? ›

Definition and Elements of the Crime

Under California Penal Code Section 422 PC, it is illegal to make criminal threats. This offense was previously called “terrorist threats,” however it can involve any threats of violence or harm.

What is PC 496 A in California? ›

1. Definition and Elements of the Crime. While many theft offenses make it illegal to unlawfully take or steal property from someone else, the person who receives stolen property can also be charged with a crime under the law.

What is the difference between 11350 and 11377? ›

There is very little difference in substance between the statutes, except that unlike section 11350, which is most often charged as a felony (unless the drug is a certain class of barbiturates), section 11377 can be charged as a misdemeanor.

Is 1203.2 a felony? ›

Basic Information About Penal Code 1203.2 in California

This legal code is used to handle violations for: Misdemeanor/summary probation. Felony/formal probation. DUI (driving under the influence) probation.

What is the statute of limitations on drug trafficking in California? ›

California Statute of Limitations for Drug Possession

Therefore, the statute of limitations for a drug possession charge is typically three years. For possession charges not punishable by imprisonment—primarily possession of small amounts of marijuana—the statute of limitations is one year.

What are some ways that a defense attorney can try to establish reasonable doubt? ›

To cast doubt on the truthfulness and reliability of prosecution witnesses, a defense attorney can use any or all of these tactics:
  • Demonstrate bias on the part of prosecution witnesses, who, therefore, may be lying.
  • Expose police mistakes in gathering, maintaining, and testing physical evidence.

How do you build a defense case? ›

5 Steps to Build a Strong Criminal Defense
  1. Crafting a narrative of the case. ...
  2. Working hard to collect evidence. ...
  3. Knowing the law. ...
  4. Coming up with points of leverage and points of light. ...
  5. The ability to fight.

What is the single most important criterion for determining the level of proof? ›

What is the single most important criterion for determining the level of proof necessary for conviction in criminal trials? Reasonable Doubt Standard.

How do you create a defense? ›

Four Keys To Creating A Strong Defense
  1. Don't talk to the police. You have the right to remain silent, and it's essential that you exercise this right. ...
  2. Call a lawyer immediately. Even if you merely suspect you may be under investigation, talk with an attorney right away. ...
  3. Take advantage of experts. ...
  4. Use motions skillfully.

What kind of proof is needed for a conviction? ›

It is not until the criminal defendant's guilt is proven beyond a reasonable doubt that a person can be convicted. Reasonable doubt is one based upon reason and common sense – the kind of doubt that would make a reasonable person hesitate to act.

What is the burden of proof in a criminal case? ›

For example, in criminal cases, the burden of proving the defendant's guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt.

How do you prove a case beyond reasonable doubt? ›

It is not necessary for the accused person to prove his case beyond a reasonable doubt or in default to incur a verdict of guilty. The onus of proof lying upon the accused person is to prove his case by a preponderance of probability."

How do you beat the case? ›

Top 5 Ways to Beat a Criminal Case! (2021) - YouTube

What makes a good defendant? ›

BEING HONEST, SOMETIMES BRUTALLY HONEST!

A good lawyer will weigh all the evidence in your case and will tell you based on their experience and the facts before them what they think is a good course for you to take. Sometimes that is going to trial. Sometimes that is to plead your case.

What is strong evidence in court? ›

Strong circumstantial evidence that only leads to one logical conclusion can sometimes become the evidence the court uses in reaching belief beyond a reasonable doubt to convict an accused. It requires assumptions and logical inferences to be made by the court to attribute meaning to the evidence.

What percentage is clear and convincing evidence? ›

Under the clear and convincing standard, the evidence must be substantially greater than a 50% likelihood of being true. In a criminal trial, clear and convincing is less strict than the “Beyond a Reasonable Doubt” standard, which requires that evidence be close to certain of being true.

What is considered substantial evidence? ›

Substantial evidence means that degree of relevant evidence which a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion, even though other reasonable persons might disagree. This is a lower standard of proof than preponderance of the evidence.

How do you answer defense questions? ›

Plan a strategy to answer the panel's questions. Keep your answers direct, but elaborate on the research details wherever necessary. If you do not know the answer to a question, that is alright. The key is to be able to formulate an answer even if you do not possess enough knowledge to answer at that point in time.

What is defense evidence? ›

inquiry shall end with his defence; if he records a written defence, or exhibits evidence, the prosecutor shall be entitled ... case, and may also exhibit evidence to contradict any evidence exhibited for the defence, in which case the person accused. Central Government Act.

What are the common questions in title defense? ›

POSSIBLE QUESTIONS FOR TITLE DEFENSE:
  • What is the Study all about? ...
  • Why did you choose the nursing students to be your subject. ...
  • Why did you choose this topic. ...
  • How will your study contribute to the existing body of knowledge? ...
  • Why chose those Research Variables?

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