The Fresno Law Enforcement Department takes drug crimes extremely seriously. Suppose you've been arrested for or charged with a drug crime. In that case, you should expect to deal with an aggressive prosecutor keenly intent on having you convicted and grievous penalties upon conviction. This is why you will need a strong legal defense team to help you fight your charges.

In this article, we will highlight the most common types of drug offenses charged in Fresno, the common elements that the prosecution must prove in a drug crime case, and the penalties likely to be imposed upon conviction. We will also explain how you can fight drug crime charges and if it is possible to expunge a drug crime conviction.

If, after reading this article, you will still have more questions about drug offenses, we invite you to contact us at the California Criminal Lawyer Group for a free consultation.

What are Controlled Substances?

One of the major elements that the prosecution must prove in a drug crime case is that you were involved with a controlled substance. A controlled substance is any chemical or drug that the government regulates its manufacture, use, or possession under the United States Controlled Substances Act. Controlled substances include both illicit drugs and certain prescription medications.

To be convicted of a drug crime, the prosecution must show that you knew the substance was a controlled substance. If you didn't know this, you would be acquitted. Additionally, the court will dismiss your charges if the substance involved was not a controlled substance.

Common Types of Drug Crimes

The most common drug offenses charged by the Fresno Prosecution Department include:

  • Possession of a controlled substance.
  • Maintaining or operating a drug house.
  • Driving under the influence of drugs.
  • Bringing drugs into a prison or jail.
  • Manufacturing a controlled substance.
  • Laundering drug money.
  • Possession, sale, and use of Angel Dust.
  • Sale of a controlled substance.

Here is a comprehensive explanation of each of them:

  1. Possession of a Controlled Substance

According to California Health and Safety Code 11350(a), it is unlawful to possess a controlled substance. This means that the Fresno Prosecution Department will charge you under H.S. 11350(a) if you possess narcotics and certain prescription medicines without a valid prescription.

The criminal offense of possession of a controlled substance is classified as a misdemeanor. It is punishable by a county jail term of up to one year or a fine not exceeding $1,000.

  1. Maintaining or Operating a Drug House

As per California Health and Safety Code 11366, it is unlawful to maintain or operate any place used for selling, giving away, or using controlled substances. This criminal offense is categorized as a wobbler. This means that the Fresno Prosecution Department can charge it as either a felony or misdemeanor.

If it is charged as a misdemeanor, it attracts a jail term of up to one year upon conviction. The punishment for felony maintaining or operating a drug house is a state prison term of up to three years.

  1. Driving Under the Influence of Drugs (DUID)

California Vehicle Code 23152(f) criminalizes driving under the influence of any drug, whether illicit drugs or prescription medicine. Typically, driving under the influence of drugs is charged as a misdemeanor.

The penalties for this offense include:

  • A probation term of 3 - 5 years.
  • Suspension of your driver’s license.
  • A fine of around $1,800.
  • Mandatory attendance at a DUI school.
  • A county jail term of up to one year.
  • A fine not exceeding $1,000.

Driving under the influence of drugs is a priorable offense. This means that its penalties increase upon being charged with a subsequent offense.

Sometimes, the Fresno Department of Prosecution can charge this offense as a felony. This is especially if there are aggravating factors present in your case, such as:

  • Having two or more prior DUID convictions.
  • Driving under the influence of drugs while having a child inside your car who is below 14 years old.
  • Causing an accident while driving under the influence of drugs.

If this offense is charged as a felony, it is punishable by a jail term of up to four years or a fine of not more than $5,000.

  1. Bringing Drugs into a Prison or Jail

According to California Penal Code 4573, it is unlawful to bring controlled substances into a jail or prison. Common defendants in Fresno who face this criminal charge are jail or prison visitors and workers. You may be arrested for this offense if a law enforcement officer finds drugs hidden in your person or within your items while visiting a prisoner.

This offense is categorized as a felony. Upon conviction, you may face a county jail term of up to three years.

  1. Manufacturing a Controlled Substance

California Health and Safety Code 11379.6 makes it a crime to manufacture controlled substances, such as ecstasy, opiates, heroin, and cocaine. This offense is categorized as a felony. Upon conviction, it is punishable by a county jail or state prison term of three, five, or seven years.

Also, note that according to California Health and Safety Code 109575, it is a crime to manufacture an imitation of a controlled substance. Manufacturing an imitation of a controlled substance is classified as a misdemeanor, and it attracts a penalty of a county jail term of up to six months or a fine of up to $1,000.

  1. Laundering Drug Money

The term 'laundering' means hiding or disguising an unlawful source of money. Under California Health and Safety Code 11370.9, it is illegal to launder the proceeds of drug money.

The offense of laundering drug money is categorized as a wobbler, meaning that it can be charged as a felony or a misdemeanor. As a misdemeanor, its punishment is a county jail term of up to one year. On the other hand, the punishment for felony laundering drug money is a state prison sentence of up to four years. Note that the judge can also order law enforcement to seize all the concealed assets or money. This order is commonly referred to as asset forfeiture.

  1. Possession, Sale, and Use of Angel Dust

Phencyclidine, commonly known as 'PCP,' 'angel dust,' 'rocket fuel,' 'lovely,' 'Shermans,' 'wack,' 'zoom,' 'beam me up' (when mixed with cocaine), and 'supergrass' (when combined with marijuana) is categorized as a controlled substance. Although Phencyclidine is also a prescription drug, doctors rarely prescribe it. Often, it is used for unlawful purposes.

As a result, several California drug laws regulate its possession, sale, and use. A breach of any of these laws attracts criminal sanctions.

  1. Transportation or Sale of a Controlled Substance

According to California Health and Safety Code 11352, it is a criminal offense to transport or sell certain controlled substances, such as hydrocodone (Vicodin), cocaine, oxycodone (oxycontin), heroin, peyote, LSD, and codeine. This offense is categorized as a felony, and its penalty is an imprisonment term of up to nine years or a fine of up to $20,000.

Note that California Health and Safety Code 11352 does not criminalize the transportation or sale of all controlled substances. The sale or transportation of controlled substances that are not criminalized under California Health and Safety Code 11352 are criminalized by other drug laws, including the following:

  • California Health and Safety Code 11379 - Transportation or sale of methamphetamines.
  • California Health and Safety Code 11360 - Transportation or sale of marijuana.
  • California Health and Safety Code 11379 - Transportation or sale of Gamma-hydroxybutyric acid (GHB) and ecstasy.
  • California Health and Safety Code 11379.5 - Transportation or sale of Phencyclidine (PCP).
  • California Health and Safety Code 11379.2 - Transportation or sale of Ketamine (‘Special K’).

Penalties for Drug Crimes

As illustrated above, each drug crime has its own penalty. Drug crimes are categorized as felonies, misdemeanors, or wobblers.

If you are convicted of a drug crime, the type of sentence you will receive largely depends on the judge's discretion. The judge will consider the unique facts pertinent to your case, as well as any aggravating or mitigating factors present.

Some examples of aggravating factors that can result in a more grievous sentence include:

  • The amount of drugs involved were in large quantities.
  • You inflicted bodily harm on another person while committing the drug crime.
  • You were armed with or used a firearm while committing the drug crime.
  • The alleged victim was a vulnerable person.
  • You took advantage of a public office or a position of trust to commit the criminal offense.
  • The amount of drugs involved was of a high monetary value.

On the other hand, some mitigating factors that can lead to a less grievous sentence include:

  • You played a minor role when committing the drug crime.
  • You do not have any prior criminal record.
  • You were suffering from a physical or mental condition that made you commit the drug crime.
  • You voluntarily acknowledged the wrongdoing at an early stage during the criminal trial process.
  • Your prior performance on parole or probation for a previous conviction was satisfactory.

Suppose you are a non-citizen and have been convicted of a drug crime. In that case, you may face negative immigration consequences, such as deportation or being rendered 'inadmissible.' Additionally, a drug crime may make you lose your right to own or possess a firearm.

Drug Diversion Programs 

To avoid the grievous penalties that come with a drug crime conviction, you can opt for a drug diversion program. There are different types of drug diversion programs in California, such as:

  • The Drug Diversion Program under California Penal Code 1000.
  • California Proposition 36.
  • Military Diversion.
  • California Drug Court.
  • Mental Health Diversion.

Here is a comprehensive discussion of each of them:

  1. The Drug Diversion Program under California Penal Code 1000

The Drug Diversion Program under California Penal Code 1000 was formerly referred to as ‘Deferred Entry of Judgment.’ This is a diversion program that is designed to help defendants facing charges for simple possession of drugs.

Under this program, the defendants obtain education and treatment instead of jail time. After the defendant completes this program, the court will dismiss his/her charges. Additionally, the defendant will not obtain a criminal record.

Note that this program only applies to defendants who have been charged with simple possession of drugs. You are not eligible for this diversion program if you have been charged with any other drug crime.

Besides facing charges for simple drug possession, you must meet the following criteria to be considered for this program:

  • You were never convicted of any other drug crime for the last five years.
  • The criminal offense charged does not involve violence or any threats of violence.
  • You were never convicted of a felony within the previous five years.
  • There is no evidence against you of any additional serious drug crimes.

  1. California Proposition 36

Unlike the Drug Diversion Program under California Penal Code 1000, which applies to only offenses for simple drug possession, California Proposition 36 applies to a wide variety of drug crimes. In this diversion program, it is a requirement for the defendant to take a guilty plea. Then, the court will place the defendant on formal probation for a particular period.

Upon completing the probation period, the judge will decide whether or not to dismiss the charges. This is unlike under the PC 1000 program, where the charges are automatically dismissed.

  1. Military Diversion

If you work in the military and you are facing drug crime charges, you may opt for the military diversion program. However, this program is only applicable to defendants who have been charged with misdemeanor drug offenses.

Under this program, the judge will postpone the criminal proceedings. Then, the defendant will be subjected to drug rehabilitation and a mental health treatment program.

Upon completion of the program, the judge will dismiss the drug crime charges. Just like in the PC 1000 program, the defendant will not obtain a criminal record.

  1. California Drug Court

The California Drug Court Diversion Program is similar to that for PC 1000. However, to be eligible for this program, you must be represented by a public defender.

This drug diversion program is stipulated under California Penal Code 1000.5. Just like in PC 1000, the judge will dismiss the defendant's criminal charges upon successful completion of the program.

  1. Mental Health Diversion

If you’ve been charged with a drug crime and you have a mental health condition, then you may consider opting into this diversion program. This program is provided by California Penal Code 1001.36.

To qualify for this program, you must have a mental health condition listed in the latest edition of the Diagnostic and Statistical Manual of Mental Disorders. Almost all mental health conditions are listed in this manual, including the following:

  • Bipolar disorder.
  • Schizoaffective disorder.
  • Post-traumatic stress disorder (PTSD).
  • Schizophrenia.

However, some mental health conditions do not qualify for this diversion program, such as pedophilia, antisocial personality disorder, and borderline personality disorder. Your charges will be dismissed upon completing the program, and you won't obtain a criminal record.

Legal Defenses to Drug Crimes

There are numerous legal defenses to drug crimes. Here are the most common ones:

  • Unlawful search.
  • Entrapment.
  • The substance involved was not a controlled substance.
  • The drugs belonged to another person.
  • Human rights violations.
  • A lack of chain of custody.

Below is a brief explanation of each of them:

  1. Unlawful Search

As an individual, you have a right to privacy. A police officer cannot conduct a search on your person or inside your house or car without a search warrant. Unfortunately, this is not always the case.

If the police search without a warrant, any evidence obtained during that search is inadmissible. The court cannot accept it as evidence. Your attorney will petition the judge to expunge the inadmissible evidence from the court record in such situations.

As a result, the prosecution will be left with insufficient evidence. The standard of proof in criminal cases is beyond a reasonable doubt. If the prosecutor has insufficient evidence, he/she may be unable to reach this high standard. This will make the judge acquit you.

  1. Entrapment

The entrapment defense is based on the interaction between the law enforcement officer and the defendant before the offense was committed. You can use this defense to fight your charges if a law enforcement officer uses coercion or any other overbearing tactic to make you commit a drug crime.

In California, entrapment is unlawful. However, drug crime investigation officers still use it as a means of gathering and collecting evidence.

Because entrapment is unlawful, evidence acquired through it is inadmissible. Just like the defense of unlawful search, your attorney can petition the judge to expunge the evidence obtained by entrapment from the court record. This will result in the prosecution being left with insufficient evidence.

  1. The Substance Involved was not a Controlled Substance

The United States Controlled Substances Act clearly defines what a controlled substance is. It also gives a comprehensive list of substances described as ‘controlled substances.’

If the drug involved does not fall within the purview of what is set out in the United States Controlled Substances Act, you will be acquitted. This is especially if you were only using an imitation of the controlled substance. However, this defense will not suit you if you have been charged with manufacturing an imitation of a controlled substance under California Health and Safety Code 109575.

  1. The Drugs Belonged to Another Person

You can argue that the drugs belonged to another person. This way, there will be no nexus between you and the offense committed. As a result, you will be acquitted.

Note that you should only use this defense if you have sufficient evidence showing that the drugs belonged to another person. Ideally, the prosecution will drop the charges filed against you and instead charge the legitimate owner of the drugs.

  1. Human Rights Violations

In California, evidence acquired through infringement of human rights is inadmissible. This means that you have a robust defense if the police violated any of your rights during the investigation process or arrest.

Just like the defenses of entrapment and unlawful search, your lawyer may petition the judge to expunge the illegally acquired evidence from the court record. As a result, the prosecution will be left with insufficient evidence.

  1. A Lack of Chain of Custody

For you to be convicted, the prosecution must establish a clear chain of custody. This means that the prosecutor must show how the law enforcement department handled the drugs from when they were confiscated until the hearing date. The type and amount of the drugs must be similar to what was found during confiscation. Often, this is not the case.

Police misconduct is quite common in Fresno. Sometimes, the confiscated drugs cannot be found or accounted for. As a result, the judge will acquit you.

Plea Bargaining to Drug Crimes

Sometimes, if you have been charged with a drug crime, it may be advantageous to you to enter into a plea bargain with the prosecution. This is especially if you’ve been charged with a serious offense that attracts grievous penalties.

If you accept a plea bargain, the prosecutor will charge you with a less serious offense. You'd have to plead guilty to it. In exchange, you will receive a lenient sentence or be enrolled in any of the drug diversion programs.

Can you Expunge a Drug Crime Conviction?

If you are convicted of a drug crime, you will receive a criminal record. This record comes with many negative consequences, such as losing out on jobs, scholarships, university admissions, and decent and affordable housing.

To avoid these consequences, you should expunge your criminal record. The procedure for expunging a drug crime conviction is lengthy and complicated. It may be challenging to complete it by yourself. It would be best if you hired an experienced criminal defense attorney to help you.

Find a Fresno Drug Crime Defense Attorney Near Me

Do not jeopardize your future by attempting to speak out for yourself during the criminal trial. You may make fatal mistakes while doing so, which may result in a conviction.

We at the California Criminal Lawyer Group in Fresno are here to help you. We have a robust legal defense team, and we will do all it takes to ensure you obtain the most favorable outcome. Call us today at 559-712-8377 for a free consultation.