Fresno Drug Crime Lawyer

Defending Clients Charged with Drug Crimes in Fresno County

California prosecutors pursue drug crimes aggressively, and people can be wrongfully accused because of an unlawful search, an improper sting operation, false information from an informant or mistakes by arresting officers. If you’re facing a drug charge, contact our Visalia and Fresno drug lawyers as soon as possible.

At Schweitzer & Davidian, our Fresno drug crime attorneys represent people throughout California’s Central Valley and beyond. We handle charges involving marijuana, cocaine, LSD, methamphetamine, ecstasy, prescription drugs and other substances. We work closely with you to build a defense that addresses the evidence, your concerns and your priorities.

Eric Schweitzer and Annie Davidian bring a combined 25 years of legal experience to every case. Eric has practiced law since 1995 and focuses on state and federal criminal defense strategies. Both founding attorneys are prepared to take a case to trial when doing so is in a client’s best interest.

Request a consultation about your California drug charge by calling Schweitzer & Davidian at (559) 206-2322 or using our online contact form.

Drug Schedule Scale in California

California categorizes drugs into five schedules based on factors such as their potential for abuse and accepted medical use. These classifications appear in Health and Safety Code Sections 11054 through 11058, beginning with California Health and Safety Code, Section 11054-11058.

A substance’s schedule is one part of the legal context surrounding a drug charge. The specific statute, alleged conduct and evidence determine the issues our attorneys must evaluate.

Learn more about California Drug Schedules

Types of Drug Crimes in California

California drug crimes encompass allegations involving possession, sale, distribution and manufacturing.

Common drug-charge categories include:

• Possession: These allegations concern whether a person knowingly possessed or exercised control over a drug.
• Possession for sale: These cases focus on whether the evidence supports an alleged intent to sell or distribute the substance. The analysis can involve more than the amount alone.
• Sale or distribution: Charges can arise from allegations that a person sold, furnished, transferred or transported a prohibited substance.
• Drug manufacturing: Manufacturing allegations involve producing, processing or preparing drugs through prohibited methods.
• Drug trafficking: Drug trafficking allegations can involve transportation, sale or distribution and may raise state or federal issues.
• Possession of drug paraphernalia: Possession of drug paraphernalia concerns items allegedly associated with using, storing, concealing or manufacturing drugs.
• Prescription drug fraud: These cases can involve allegations about obtaining, possessing or transferring medication unlawfully.

The prosecution’s chosen charge doesn’t establish that the evidence proves every required element. We evaluate the alleged substance, the circumstances of the arrest and the evidence offered to connect a client to the alleged conduct.

What Is Drug Paraphernalia?

Drug paraphernalia encompasses items allegedly connected to drug use, storage, concealment or manufacturing, but not the drugs themselves. Examples can include pipes, bongs, syringes, scales and devices used to conceal substances.

Paraphernalia allegations are often added when a person is arrested for another drug-related charge. They can also stem from a traffic stop or another encounter in which police find an item in a person’s vehicle, home or belongings. Whether an object supports a criminal allegation depends on the item, its condition, where it was found and the surrounding evidence.

What Are the Penalties for Drug Crimes in California?

The consequences of a California drug charge depend on the alleged offense, the substance and amount involved, and the defendant’s criminal history. Misdemeanor and felony classifications also matter, particularly when a case alleges possession for sale, transportation or manufacturing rather than possession for personal use.

California voters approved Proposition 47 on November 4, 2014. Under this framework, simple possession for personal use under Health and Safety Code Sections 11350, 11357 and 11377 is generally treated as a misdemeanor. Possession for sale, transportation and manufacturing remain felony offenses under Proposition 47.

These classifications don’t determine the outcome of an individual case. A drug defense attorney in Fresno must review the statute charged, the allegations and the client’s record before explaining the potential consequences and available options.

Understanding Your Rights When Facing Drug Charges

A drug charge can be daunting, but you have rights throughout the legal process. Knowing those rights can shape how you respond to law enforcement and the charge.

Key rights to remember include:

• The Right to Remain Silent: You aren’t obligated to answer questions or provide information to law enforcement without an attorney present.
• The Right to Legal Representation: You have the right to hire an attorney to advocate for you and protect your rights.
• The Right to a Fair Trial: You’re entitled to a fair trial, including the opportunity to present evidence and witnesses in your defense.
• The Right to Challenge Evidence: Your attorney can examine how police obtained evidence and determine whether there’s a legal basis to challenge its admissibility.

In Fresno County Superior Court, a drug case typically begins with an arraignment. The judge states the defendant’s rights, reads the charges and takes a plea. What follows depends on the charge and posture of the case, but early decisions affect how a defense attorney evaluates the arrest, physical evidence, statements and available legal options.

We stay available from the initial consultation through case resolution, provide updates at every stage and include our clients in key decisions. This personal approach gives you a direct role in decisions about negotiations, motions and trial preparation.

Defense for Drug Crime Charges in Fresno

The available defenses to a California drug charge depend on the stop, arrest, search, statements and physical evidence.

Common defense issues include:

• Unlawful search and seizure: The circumstances of a search can determine whether evidence is admissible. We examine warrants, claimed consent, the scope of the search and the legal basis for a traffic stop or detention.
• Lack of possession: Possession allegations can turn on whether the person knew the substance was present and exercised control over it. Drugs found in a shared home or vehicle can raise factual disputes about ownership and access.
• Entrapment: Entrapment concerns whether government conduct induced criminal behavior that the person otherwise wouldn’t have committed. This defense requires close analysis of what officers or informants said and did.
• Illegal stop or arrest: Police conduct before and during an arrest can affect the defense strategy. We review the asserted basis for the stop, detention and arrest rather than accepting the official account without scrutiny.

Each case is unique, and the available defenses depend on its specific circumstances. If you’re facing drug charges in California, our criminal defense attorneys can explain your rights and develop a case-specific strategy.

Frequently Asked Questions

Proposition 47 relief depends on the original conviction, the sentence status and the person’s record.

Can a Prior Drug Felony Qualify for Proposition 47 Relief?

A person previously convicted of a felony that Proposition 47 now classifies as a misdemeanor can petition under Penal Code Section 1170.18. The court evaluates whether the conviction qualifies and whether an exclusion applies. Relief can involve resentencing for a person still serving the sentence or redesignation for someone who has completed it.

Can I Petition After Completing My Sentence?

Yes. Penal Code Section 1170.18 provides a process for requesting redesignation of a qualifying felony conviction as a misdemeanor after the sentence has been completed. The original offense and the person’s record must satisfy Proposition 47 requirements.

Who Doesn’t Qualify for Proposition 47 Treatment?

People with certain prior serious or violent felony convictions or sex-offender registration requirements don’t qualify for Proposition 47 misdemeanor treatment. Eligibility also depends on whether the original conviction is among the offenses covered by the law.

California Drug Crime FAQ

These answers address common questions about arrests, charges and defenses. The right course depends on the facts and evidence in each case.

What Should I Do If I Am Arrested for a Drug Crime in Fresno?

Contact an experienced defense attorney immediately. Don’t speak to the police or anyone else about the charges without your Fresno drug attorney present. Anything you say can be used against you in court.

What Is Considered a Drug Crime in California?

A California drug crime can involve the unlawful possession, sale, distribution, transportation or manufacturing of a controlled substance, as well as prescription drug fraud or possession of drug paraphernalia. The required elements depend on the statute charged and the alleged conduct.

What Is the Difference Between Drug Possession & Possession with Intent to Distribute?

Drug possession refers to having a controlled substance for personal use. Possession with intent to distribute involves a larger quantity or other evidence, such as packaging materials or scales, that allegedly indicates an intent to sell or distribute the drugs. The latter charge carries more severe penalties.

Can First-Time Offenders Avoid Jail Time for Drug Crimes?

First-time offenders may be eligible for alternatives such as drug diversion programs or probation instead of jail time. These programs often require drug treatment and counseling, and successful completion can lead to the charges being dismissed.

What Is California’s Proposition 47 & How Does It Affect Drug Crime Charges?

Proposition 47, passed in 2014, reclassified certain nonviolent drug offenses from felonies to misdemeanors, which can result in reduced penalties for qualifying individuals. This applies to offenses such as simple possession of certain controlled substances.

What Constitutes Illegal Search & Seizure in Drug Crime Cases?

An illegal search and seizure occurs when law enforcement searches or seizes evidence without a valid warrant, probable cause or the defendant’s consent. Evidence obtained through an illegal search and seizure can be challenged and potentially excluded from the case.

Can Medical Marijuana Be a Defense Against Drug Charges in California?

Medical marijuana use is legal in California with a valid recommendation from a licensed physician. However, the amount of marijuana and the circumstances must comply with state law. Recreational marijuana use is also legal, but regulations and limits still apply.

How Does California Handle Prescription Drug Fraud Cases?

Prescription drug fraud involves obtaining prescription medications through deceit, forgery or theft. Consequences can include imprisonment, fines and probation. Defenses may include lack of intent to defraud, entrapment or a challenge to the prosecution’s evidence.

Contact Our Fresno Drug Crime Attorney Today

At Schweitzer & Davidian, we carefully review every aspect of your arrest and conduct our own investigation to determine whether law enforcement violated your constitutional rights. Our knowledge of California criminal law allows us to identify officers who overstepped their authority or prosecutors relying on weak evidence. We’re experienced trial attorneys prepared to litigate when doing so is in a client’s best interest.

If you face drug charges or other criminal charges, a free, no-obligation consultation gives you an opportunity to ask questions and understand your options before deciding how to move forward. We provide bilingual legal services in Spanish and have offices in Clovis and Visalia.

Call (559) 206-2322 or Contact Schweitzer & Davidian today to schedule a FREE consultation with our drug crime lawyer in Fresno!