California has some of the toughest drug laws in the country. Offenses range in severity from possession of a controlled substance to drug trafficking and sophisticated prescription drug crimes, but they all have one thing in common: a conviction can result in prison time, high fines, and lost career or educational opportunities. This means that if you’re arrested or under investigation for drug charges, you should immediately call an experienced Carlsbad drug charge defense lawyer.

I am committed to fighting hard for clients. I know how serious these charges are and the impact they can have on your life. I will look for holes or discrepancies in the prosecutor’s case and fight to get the charges reduced or dismissed. Should neither outcome be an option, I can seek to negotiate a plea bargain or pursue an acquittal at trial. If you’ve been arrested, call me at (619) 719-1087.

Why Choose Me As Your Drug Charge Defense Lawyer?

With extensive background as both a prosecutor and a defense attorney, I bring a unique blend of experience and dedication to every client I represent. My strategic approach, combined with a commitment to personalized service, ensures that you receive the best possible defense to your drug charges.

• Extensive Prosecutorial Background: As a former prosecutor in Massachusetts, I understand how the prosecution builds its case. This insight allows me to anticipate and counter the strategies used against you, giving you a significant advantage in your defense.
• Proven Courtroom Skills: My experience includes handling hundreds of cases and numerous trials, both as a prosecutor and a defense attorney. My polished courtroom skills allow me to present a compelling argument for clients facing drug charges.
• Personalized Attention: As a sole practitioner, I offer personalized attention to each client. When you hire me, you’ll have direct access to me via phone, email, and text. You are always informed about your case and can easily reach out with any questions or concerns.
• Free, No-Pressure Consultations: I provide a free initial consultation where you can discuss your case in detail. I listen carefully and ask insightful questions to better understand your situation. There’s no pressure to sign a contract on the spot, allowing you to make an informed decision about your legal representation.

Choosing me as your drug charge defense lawyer means you will be represented by a compassionate, skilled, and approachable attorney dedicated to achieving the best possible outcome for your case. Most criminal cases, including drug charges, are handled on a flat fee basis at Rubin Law Office, P.C.: you will know the cost upfront before you sign any agreement, eliminating any financial surprises and helping you plan your budget accordingly.

California Controlled Substances Act

California’s Uniform Controlled Substances Act, found in the state’s Health and Safety Code (HSC) Sections 11000-11651, is a critical piece of legislation for anyone facing drug charges. This Act defines and categorizes illegal drugs based on their severity, addiction potential, and accepted medical uses. 

Six Schedules of Controlled Substances

The Act organizes controlled substances into six schedules. These schedules rank drugs from the most to the least dangerous and addictive, which influences the severity of the charges and the potential penalties.

• Schedule I:  This category includes drugs like heroin, mescaline, peyote, opiates, and marijuana. These substances are considered the most addictive and dangerous, with no accepted medical uses (except for marijuana in some cases).
• Schedule II: Drugs in this schedule include cocaine, opium, morphine, methamphetamine, and several other narcotics. These substances are highly addictive and dangerous, but some may have limited medical uses.
• Schedule III: This schedule covers anabolic steroids and various depressants. While still considered dangerous, these drugs are less addictive than those in Schedules I and II and have accepted medical uses.
• Schedule IV:  Drugs like diazepam, barbital, and other prescriptions fall under this category. These substances have a lower potential for abuse compared to those in the higher schedules and are commonly used in medical treatments.
• Schedule V:  This schedule includes medications with low amounts of codeine and various over-the-counter drugs. These substances have the least potential for abuse and are often available with a prescription.

The schedule of the drug you are accused of handling will influence the charges brought against you and the potential penalties. For example, possession of a Schedule I drug like heroin carries more severe consequences than possession of a Schedule IV drug like diazepam.

Drug Charge Cases I Handle

At Rubin Law Office, P.C., I handle a wide range of drug charge cases. My extensive experience ensures you receive both knowledgeable and strategic defense. Below is an overview of the types of drug charge cases I manage.

Drug Conspiracy

Being accused of planning to sell drugs with others, known as criminal conspiracy, can lead to severe state or federal charges. The prosecution must prove that you and at least one other person agreed to commit a drug-related crime and took some step toward completing that goal. I can create strategic defenses that challenge the prosecution’s evidence, demonstrate the lack of intent, and highlight any weaknesses in the case against you.

Drug Cultivation

Cultivating or manufacturing controlled substances without proper licensing is illegal in California. This can result in state or federal criminal charges, depending on the scale of the operation and the type of substance involved. I can examine all aspects of the case, from the legality of search and seizure procedures to the actual evidence of cultivation activities.

Drug Importation

Importing controlled substances into the country without proper authorization is a serious offense that can lead to federal investigations and prosecutions. These cases often involve complex legal issues, including international law, customs regulations, and detailed evidence collection procedures. I defend those accused of illegally importing drugs into the country by examining the circumstances of the alleged offense, the methods used by law enforcement to gather evidence, and any possible violations of your rights during the investigation. 

Drug Smuggling

Moving drugs into or out of a country illegally (also known as smuggling) carries heavy penalties, including long prison sentences. Factors such as your criminal history, the type of drug, and the amount involved influence the severity of the charges. I defend against smuggling charges with a focus on reducing penalties.

Drug Trafficking

Drug trafficking involves the movement and distribution of illegal substances, often across state borders. This can lead to state or federal charges with severe penalties. I offer experienced representation to challenge trafficking accusations.

Manufacturing Drugs

Manufacturing controlled substances or prescription drugs under HSC Section 11379.6 is classified as a felony. Prior drug convictions can increase the severity of the sentence. Immediate legal representation is critical, and I am prepared to defend against these allegations.

Marijuana Crimes

Even with the legalization of medical and recreational marijuana in California, there are still limits. Possessing more than eight grams of concentrated cannabis, over one ounce of marijuana, or any amount of marijuana or edibles with the intent to sell can lead to misdemeanor charges. 

Possession of Cocaine

Possessing cocaine for personal use typically results in a misdemeanor charge, but prior violent crimes or sex offender status can elevate this to a felony. If intent to sell is suspected, felony charges are likely. I provide robust defense strategies to challenge these accusations.

Possession of Drugs for Sale

Possession with intent to sell carries much harsher penalties than simple possession. Large quantities of illegal substances or evidence suggesting intent to distribute can lead to felony charges, jail or prison time, and heavy fines. I work diligently to contest these charges and protect your future.

Possession of Drug Paraphernalia

Possessing instruments or devices used to consume illegal drugs, such as pipes, rolling papers, and needles (excluding those from legitimate sources), is a misdemeanor under HSC Section 11364(a). I provide defense strategies to contest these charges and mitigate potential penalties.

Possession of Meth

Methamphetamines are highly addictive and illegal without a valid prescription. Possession of meth generally results in a misdemeanor charge per HSC Section 11377. However, previous violent crime convictions or registration as a sex offender can increase these charges to a felony, as can possession with intent to sell. I am well-equipped to handle these serious charges.

Prescription Drug Crimes

Possession and use of prescription drugs are only legal if they are prescribed to you. Illegal possession, use, sale, or transportation of prescription drugs can result in misdemeanor or felony charges, depending on the type and amount of the drug. I also handle cases involving prescription drug fraud. 

Defenses Against Drug Charges

At Rubin Law Office, P.C., I leverage my extensive legal experience to explore every possible defense strategy. Here are some common defenses against drug charges:

• Entrapment: Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. Proving entrapment can be challenging, but it is a valid defense if it can be shown that the police coerced or persuaded you into committing the drug offense. I will investigate the conduct of the police and gather evidence to support an entrapment defense if applicable.
• Lack of Possession: Prosecutors must prove that you had actual, constructive, or joint possession of the drugs. I may be able to argue that you did not possess the drugs in question, whether through lack of knowledge, control, or access, to cast doubt on the prosecution’s case.
• Unconstitutional Search and Seizure: The U.S. Constitution protects you from unreasonable and warrantless searches and seizures. If the police obtained evidence against you without following proper legal procedures, this evidence might be inadmissible in court. If it can be proved that the evidence was obtained illegally, it can be excluded from your case, weakening the prosecution’s arguments.
• Unconstitutional Stop: The police cannot stop you on the street or while you are driving without a valid reason. If they stopped you without reasonable suspicion or for discriminatory reasons, this stop is considered unconstitutional. Where applicable, I will gather evidence to show that the stop was illegal, which can lead to the charges being dismissed or reduced.

Whether it’s challenging an unconstitutional stop, arguing lack of possession, or proving entrapment, my goal is to ensure you receive fair treatment and justice.

FAQs

How Can a Carlsbad Drug Charge Defense Lawyer Help?

Understanding the charges against you and the potential consequences is the first step in building a defense. A drug defense lawyer will explain the legal terms, procedures, and possible outcomes in a clear and straightforward manner, so that you know what to expect at each stage of your case.

Your criminal defense lawyer will also conduct a detailed review of the circumstances surrounding your arrest. This includes examining the police reports, witness statements, and any available evidence. By identifying weaknesses or inconsistencies in the prosecution’s case, your lawyer can develop a strategy to challenge the charges.

Other advantages of legal representation include:

• Protection of Your Rights: One of the primary roles of a defense lawyer is to ensure that your constitutional rights are upheld. This includes protecting you from illegal searches and seizures and securing your right to remain silent. If any of your rights were violated during the arrest or investigation, your lawyer could use this to your advantage in court.
• Negotiation with Prosecutors: In many drug cases, negotiating with the prosecution can lead to reduced charges or more lenient sentencing. An experienced defense lawyer knows how to engage with prosecutors to seek the best possible deal for you. This might include plea bargains that reduce the severity of the charges or agreements for alternative sentencing options like drug treatment programs.
• Building a Strong Defense: A defense lawyer will use their knowledge and experience to craft a strong defense tailored to your specific case. This might involve challenging the validity of the evidence, questioning the reliability of witnesses, or presenting alternative explanations for the alleged offense. The goal is to create reasonable doubt in the minds of the jury or judge.
• Court Representation: Your lawyer will present arguments, cross-examine witnesses, and make objections to protect your interests. Their presence ensures that you have a professional advocate fighting for you every step of the way.

What is Proposition 47?

Proposition 47, also known as the Safe Neighborhoods and Schools Act, was passed by California voters in November 2014. The primary goal of Proposition 47 is to reduce certain non-violent felonies to misdemeanors, thereby decreasing the state’s prison population and reallocating funds to mental health services, drug treatment programs, and other community-based support systems. 

Under Proposition 47, crimes like simple drug possession were reduced from felonies to misdemeanors. However, the law excludes individuals who have prior convictions for serious or violent crimes, such as murder, rape, and certain sex offenses. Those registered as sex offenders are also not eligible for resentencing under Proposition 47.

Get a Free Consultation With A Carlsbad Drug Charge Defense Lawyer

When you’re charged with a drug offense in Carlsbad or San Diego County, you have a lot at stake. The best way to fight the charges is to hire a criminal defense lawyer who knows how to challenge the evidence against you and protect your rights in and out of the courtroom. 

As a former prosecutor, I know how the other side thinks and acts and will use these insights to make your defense as solid as possible. For more information or to speak to me, call (619) 719-1087 or fill out an online contact form today.