The Law Office of John M. Holmes is exclusively a criminal defense firm, practicing in Riverside, San Bernardino, Orange, and Los Angeles counties. John M. Holmes built this criminal defense firm on a foundation of ethical and aggressive representation. Mr. Holmes takes pride in handling your case from start to finish, and he is available for his clients 24-7.
This office handles every type of drug related criminal case, from simple possession to sales. If you were cited or arrested for possession of drugs for sale, for DUI drugs, for transportation of drugs, for possession of drug paraphernalia, or for being under the influence of drugs, contact the Law Office of John M. Holmes. This firm can help ease the burden you suffer and keep you out of jail.
DRUG CHARGES IN SAN BERNARDINO OR RIVERSIDE COUNTY
In Riverside or San Bernardino County, a Drug conviction carries stiff criminal punishments, including fines and jail time. When conducting drug busts, police officers frequently violate the rights of the accused, including illegal search and seizures, entrapment law violations, and using unsubstantiated information provided by “confidential informants.” Narcotic officers often make critical mistakes by exaggerating or lying in their written reports or failing to properly handle the seized drug evidence.
Mr. Holmes will not only scrutinize the police reports and obtained evidence, but he will aggressively advocate on your behalf to obtain the best possible result in your case. If you have been wrongly accused, Mr. Holmes will not stop until you are determined innocent.
- In California, it is a felony to possess narcotics such as cocaine, crack, ecstasy, heroin, ketamine, GHB, and even prescription drugs such as Vicodin or Codeine (unless you have a valid prescription). Misdemeanor charges include marijuana possession, being under the influence of a drug, and possession of drug paraphernalia.
- Possession of methamphetamine (also called meth, crystal or speed) is a wobbler offense, giving prosecutors the discretion to file it as a misdemeanor or a felony. The amount of methamphetamine possessed and/or the history of the accused are relevant factors in the consideration of charging this type of drug possession.
- To obtain a conviction for possession of drugs, prosecutors must prove that you had knowledge of the drugs. The location of the drugs is critical, because if the drugs are not found on your person, the prosecution must show other evidence linking you to the drugs.
- A person convicted of felony possession of a controlled substance faces up to three years in prison. Most people are eligible for alternative sentencing, including Proposition 36 and drug diversion programs.
POSSESSION OF DRUGS FOR SALE
It is a felony to possess illegal narcotics with the intent of selling them. When determining the appropriate charge, prosecutors will examine the quantity of the drugs, how the drugs were packaged (individual baggies or bindles), large quantities or specific denominations of money, drug scales, or weapons.
It is critical to examine the factual circumstances of each case carefully, because convincing the prosecutors or jury that possession of the drugs is for personal use can greatly reduce the penalties that you face. Moreover, narcotics officers often rely on unreliable information or utter lies to illegally obtain search warrants. Where a search warrant is not lawfully obtained, Mr. Holmes will likely get the evidence suppressed and the case dismissed.
Possession of drugs for sale is a more serious charge than simple possession. It does not qualify for Proposition 36 or drug diversion programs, but if the charge is amended to possession of narcotics, you still might be eligible for alternative sentencing.
SALE OR TRANSPORTATION OF DRUGS
It is a felony to sell, furnish, administer, give away, transport, or import illegal narcotics. You can also be charged and convicted where you aided, abetted, or conspired with anyone to sell or transport illegal drugs.
Many of these cases are police sting operations where an undercover buys or sells drugs and officers are conducting surveillance. Carefully examining the officers’ methodology, including entrapment issues, can result in a dismissal of the entire case. Sometimes, officers will claim they observed a “hand-to-hand” drug transaction, but it can be shown that the accused was the buyer or not even involved in any illegal activity.