Drug Crimes

Fighting for you when you face drug-related charges
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Drug Crimes Attorney In Dublin, California

Experienced Defense in the Tri-Valley Area

The State of California aggressively prosecutes drug crimes, and for those facing investigation or charges for drug possession, sale, manufacturing, transportation, or distribution, a skilled Dublin drug crime lawyer can help you understand your legal options. At times, there may be a conflict between California and federal law concerning drug use or possession. For example, in California the use or possession of medical marijuana or cannabis has largely been decriminalized, however, the federal government continues to treat cannabis as a controlled substance, like heroin or cocaine.


The Law Office of John W. Noonan understands the nuances associated with drug crimes. Our attorney has devoted his legal practice to criminal defense and, as a former prosecutor, he brings over 55 years of experience to protecting the rights of those facing criminal charges for drug offenses. In many cases there may be options, such as drug treatment programs and other sentencing alternatives to prison time.


California Drug Laws Target Use & Distribution of Controlled Substances

California has modeled their drug laws after the Controlled Substances Act, 21 U.S.C. section 801 et seq. The categorization of drugs, ranging from Schedule 1 to 5, lays a foundation for making the possession, use, and distribution of certain drugs illegal. Generally, the prosecutor brings charges against an individual for a drug crime depending on the type of drug, the amount, and whether the drug was intended for personal use or sale. The individual's past criminal record also factors into the charges.


Some common drug-related charges brought under the California Health and Safety Code include:

  • Section 11350, Possession of Controlled Substance
  • Section 11351, Possession for Sale of Narcotics
  • Section 11352, Sale or Transportation of a Controlled Substance


The crime of possession for sale of narcotics is considered more serious than possession of drugs not lawfully prescribed. Whereas possession may be charged as a misdemeanor, and some defendants may be eligible for drug diversion or other alternatives to prison, possession for sale is a felony. Several factors determine whether a suspect has possessed drugs for the purpose of sales.


Police and the prosecutor look at:

  • The amount of narcotics
  • The packaging
  • Whether sales were made
  • If a weapon was present at the time of the arrest


It is important to note that any evidence that has been obtained unlawfully may not be brought against the suspect. A skilled drug crime attorney in Dublin can assess whether a search warrant was properly obtained, for example.


A conviction for manufacturing drugs and narcotics, according to Health & Safety Code section 11379.6, is a felony. Manufacturing, processing, or producing controlled substances, for example, by running a meth lab, is a serious offense in California. The punishment is up to seven years in state prison and can be longer if large amounts of drugs are involved.


Another type of drug crime is driving under the influence of drugs. According to California Vehicle Code section 23152(a), it is illegal to drive under the influence of alcohol or drugs. An individual may be arrested and charged with violating this law if their driving ability has been impaired by drugs.

Do you need to speak with a lawyer regarding an arrest or accusation of juvenile crime? Call our 24-hour phone number at 925-396-4380 and arrange your free consultation. 

Defenses to Drug Crime Charges

Police misconduct and unlawful search and seizure may form the basis of a strong defense to a drug charge. Police must have probable cause to make an arrest and they must also have consent to do a search. Lacking either probable cause or consent when searching or making an arrest for a drug charge may be deemed a violation of an individual's constitutional rights. Further, any evidence gathered in an unlawful search will not be allowed in court.


One defense to the charge of drug possession with intent to sell, for example, may involve challenging the quantity of drugs found. The defendant may also challenge the connection between cash, visitors, or packaging. If the evidence indicates that the amount of drugs may fall within the limit for simple drug possession, this would be a less serious offense than intent to sell. A knowledgeable Dublin drug crime lawyer can help you identify the strongest applicable defenses in your case.

Alternatives to Prison Time May Include Attending a Drug Treatment Program

Penalties for drug crimes depend on the specifics of the case, including the amount and type of drug, whether the drugs were intended to be sold, and whether the individual has a prior criminal record. Some individuals may be eligible for Penal Code section 1000 relief. This pretrial drug diversion helps those facing charges for simple possession, for personal use. It should be noted that there are limits on the application of this relief, which mandates that the offense cannot involve violence and there cannot be a felony conviction in the previous five years.


Marijuana Laws in California

In 2016, the recreational use of marijuana was legalized in the state of California. Persons over the age of 21 are permitted to purchase marijuana and consume it in either their private residence or an establishment that is licensed for marijuana consumption. At any given time, an individual may have no more than 28.5 grams of marijuana, or 8 grams of concentrated marijuana, in their possession.


There are also restrictions placed on those who grow marijuana. A person must not have more than 6 marijuana plants within a private residence. In addition, they must keep the plants in a space that remains locked and out of public view.


In California, there are several activities involving marijuana that remain illegal, including:

  • Underage possession
  • Possessing an amount more than the state maximum
  • Possession of marijuana at a school, youth center, or daycare center when children are present
  • Selling marijuana without a license
  • Smoking/ingesting marijuana while driving
  • Possessing an open container of marijuana while driving or riding as a passenger in a motor vehicle
  • Smoking/ingesting marijuana in public places and anywhere tobacco is prohibited


Potential Consequences of Marijuana Possession Violations

Offenses involving the illegal possession, usage, or selling of marijuana can result in a $500 fine and up to 6 months in prison. Previous criminal history or attempts to sell marijuana to a person under the age of 18 can result in up to 3 years in jail.


An additional consequence of a marijuana conviction is a permanent criminal record. This could have an impact on your professional licenses, child custody cases, and opportunities for employment, education, and housing.


We Defend Those Charged With Simple Possession and Possession of a Controlled Substance With Intent to Distribute

Our firm's founder, John W. Noonan, has more than 55 years of experience defending people facing drug charges. If you or a relative has been charged with a prescription drug crime, our prescription drug defense lawyer can inform you of your rights and all possible options. While he can handle any type of prescription drug charge, attorney Noonan most frequently handles cases involving possession of or intent to distribute the following:

  • Vicodin
  • Xanax
  • Oxycodone


Whether prescribed as a painkiller or to aid in depression, the effects of a prescription drug can be highly addictive. Our firm represents patients as well as medical professionals such as nurses and doctors who have become addicted.


We Explore Treatment Options and Sentencing Alternatives

Drug addicts need help; not punishment. Our law firm can find sentencing alternatives and treatment options for our clients charged with drug crimes whenever doing so is appropriate. Many of our clients are previously law-abiding citizens who were prescribed painkillers to assist in recovery after an injury or surgery. Others are health care professionals who got caught on the wrong path and need help with a drug addiction problem. If you would benefit from counseling, attorney Noonan can effectively negotiate sentencing alternatives on your behalf.


Discuss Your Case With an Experienced Dublin Attorney

Dublin criminal defense lawyer, John W. Noonan, understands the importance of assessing the specific facts of every case, guided by the goal of keeping clients out of jail. John Noonan’s extensive legal experience helps him recognize the weaker aspects of the prosecution’s argument, providing the opportunity to set forth defenses that help clients dismiss or reduce charges. Our office is ready to discuss your case with you at no cost.

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Have Questions?

Call The Law Office of John W. Noonan at 925-396-4380 today to speak to an attorney. The Law Office of John W. Noonan’ attorneys are available during normal working hours, but also maintain a 24/7 answering service. If you need a consultation on a weekend or evening, we can provide that for you.

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