Santa Rosa Drug Charges Attorney
Cases involving drugs are some of the most common in the criminal justice system, but the consequences are far from trivial. Depending on the charge and the type and amount of the illegal substance involved, you could face years behind bars in California state.
Amy Chapman represents individuals arrested or charged in Sonoma County for drug-related offenses. If your case involves marijuana, methamphetamine, heroin, cocaine, crack, OxyContin, prescription drugs, ecstasy, designer drugs, or any other controlled substance, it is in your best interest to hire a Santa Rosa Drug Crime lawyer who is experienced in defending drug cases. Amy Chapman has been advocating successfully to judges, prosecutors, and juries for two decades.
Some of the most common drug cases in Sonoma County are:
- Simple Possession: Under Health and Safety Code 11350 and 11377, it is a misdemeanor to be in the unlawful possession of a controlled substance. Penalties for drug possession include a fine of up to $1000 and imprisonment for up to a year in the county jail.
- Drug sales: The sale and transportation of controlled substances is prohibited under Health and Safety Code 11351, 11352, 11378, and 11379. It is regarded as one of the most serious drug crimes and punished accordingly. If convicted, you could spend years in jail or prison and pay a fine of up to $20,000.
- Manufacturing: Manufacturing a controlled substance is a violation of Health and Safety Code 11379.6. Anyone found guilty of manufacturing, compounding, converting, producing, deriving, processing, or preparing a controlled substance can spend up to seven years in prison.
- Being under the influence of a controlled substance: If you are charged with being under the influence of a controlled substance, which is a misdemeanor offense under Health and Safety Code 11550, you could spend up to a year in a county jail and put on probation for up to three years.
- Possession of drug paraphernalia: According to Health and Safety Code 11364, possession of drug paraphernalia is a misdemeanor punishable by up to one year in county jail and a maximum $1,000 fine.
The punishment for possession of drugs depends on the type of drug possessed, the amount possessed, the criminal history of the accused, and the alleged purpose of the possession.
- Fines: Depending on the charge, you could be ordered to pay thousands of dollars in fines.
- Loss of your driver’s license: If you are under 21, you risk losing your driver’s license, which can hinder travel and employment.
- Probation with random drug tests: Failing a drug test is a probation violation in California, with potentially serious consequences.
- Residential drug treatment: The court may order you into a residential drug treatment program if it believes that you have an addiction problem.
- Forfeiture of property and cash: Conviction for a drug crime can result in asset forfeiture. Seizable assets include vehicles, cash, and real estate.
If you or a loved one are arrested on a drug charge, you need a skilled drug possession attorney who will investigate your case, run any applicable motions to get the case reduced or dismissed, determine if you are eligible for sentencing alternatives, and argue your case persuasively to a jury. Depending on the charge and prior criminal history, you may be eligible for a diversion program, alternative sentencing to treatment under Penal Code section 1210, or Drug Court.
Illegal searches could result in a dismissal
If the police searched you in any way, you need a drug charges attorney to determine if you were legally detained and searched.
- Did law enforcement have a good reason to stop you in the first place?
- After the initial encounter, did they have a legal reason to search you, your property, or your vehicle?
- If the police had a search warrant, was it valid?
If law enforcement violated your constitutional rights during the search, you may be able to ask that the evidence obtained be suppressed, which often results in a dismissal of the charges. Only an experienced Santa Rosa Drug Charges lawyer can identify the issues that could make the difference in your case.
Drug treatment instead of incarceration
Oftentimes those arrested on drug charges in Santa Rosa are struggling with addiction. An arrest could be the wake-up call an addict needs to finally make a change. In some cases, a judge could order drug treatment instead of incarceration in jail or prison. These are not easy arguments to make. To be given an opportunity at rehabilitation, you need a well-known Santa Rosa Drug Crime attorney who the judges will listen to, respect, and be persuaded by to spare an addict from jail time.
Long-Term Consequences of a Drug Conviction
A drug conviction can affect your life in numerous ways long after you’ve completed your sentence. A guilty plea or verdict can create obstacles that follow you for years. These collateral consequences make it even more important to fight the charges with the help of an experienced Santa Rosa drug charges attorney.
Employment Challenges
Most employers run background checks, and a drug conviction can raise red flags. Certain industries may automatically disqualify applicants with drug-related offenses. Even when not legally barred, job seekers often find that a criminal record limits their professional opportunities.
Housing Barriers
A conviction can also make it harder to secure housing. Many private landlords ask about criminal history and may deny rental applications if drug crimes appear on a background check. Public housing authorities can also disqualify applicants with certain convictions.
Education and Professional Licenses
Drug convictions can affect eligibility for student financial aid, scholarships, and other educational opportunities. In addition, professions like nursing, law, and real estate require state licensing boards to review criminal history before granting or renewing a license. A drug conviction can delay or prevent entry into these careers.
Immigration Consequences
Drug convictions can carry devastating consequences for non-citizens. A conviction may lead to deportation, denial of re-entry into the United States, or a block on naturalization. Even minor offenses involving controlled substances can have serious consequences under federal immigration law.
Legal Defenses in California Drug Cases
Every drug case is unique. The best legal defense will depend on the unique circumstances of your case. An experienced Santa Rosa drug charges attorney can carefully examine your case to determine the best path forward. Here are some of the most common defenses raised in California drug cases.
Illegal Search and Seizure
The Fourth Amendment protects you from unlawful searches by police. If officers searched your home, vehicle, or belongings without a valid warrant or without probable cause, any evidence they obtained may be suppressed. In some cases, a successful challenge to the search can lead to a dismissal of the charges.
Entrapment
Entrapment occurs when law enforcement persuades or pressures someone into committing a crime they would not have otherwise committed. While undercover operations are legal, tactics that cross the line into entrapment can be challenged in court and may result in charges being dropped.
Lack of Knowledge or Possession
Prosecutors must prove that you knowingly possessed the drugs in question. If you were unaware that drugs were in a shared car, borrowed bag, or another person’s property, that lack of knowledge can serve as a defense.
Valid Prescription or Medical Use
California law recognizes that certain controlled substances may be legally possessed with a valid prescription. Likewise, medical marijuana users may have a defense if their possession falls within state guidelines. Providing documentation of lawful use can result in charges being reduced or dismissed.
Diversion Programs and Alternative Sentencing in Sonoma County
Not every drug conviction in Sonoma County results in jail or prison. California law provides alternatives that focus on treatment and rehabilitation rather than punishment. These programs are especially valuable for first-time offenders or individuals struggling with addiction. A knowledgeable Santa Rosa drug crime lawyer can help you determine whether you qualify for one of these options.
Pretrial Diversion (Penal Code 1000)
First-time offenders charged with low-level drug offenses may qualify for pretrial diversion under California Penal Code 1000. This law gives qualified applicants the chance to complete a drug education or treatment program instead of going through the traditional court process. If you complete the program, the charges are dismissed, and you avoid a criminal record.
Proposition 36
Under Proposition 36 of California’s Substance Abuse and Crime Prevention Act of 2000, certain nonviolent drug offenders may receive probation with mandatory treatment instead of incarceration. This approach allows individuals to address addiction issues while remaining under community supervision.
Drug Court in Sonoma County
Drug Court is a specialized program that provides structured treatment, regular court check-ins, and close supervision by a judge. Participants must follow strict rules, attend counseling, and undergo frequent drug testing. Completing Drug Court successfully can reduce or eliminate jail time and put defendants on a healthier path.
Federal vs. State Drug Charges
Most drug cases in Sonoma County are prosecuted under California law, but certain circumstances can elevate a case to the federal level. Federal drug prosecutions often carry harsh penalties, stricter sentencing guidelines, and fewer opportunities for diversion or alternative sentencing.
State courts handle the majority of drug arrests, including simple possession, sales, manufacturing, and being under the influence. California law offers sentencing alternatives like diversion programs and Drug Court, especially for first-time and non-violent offenders.
Federal prosecutors become involved when drug crimes cross state lines, involve large-scale trafficking, or occur on federal property. These cases are prosecuted under the Controlled Substances Act, which classifies drugs into schedules and sets penalties. Unlike state courts, federal judges must often follow mandatory minimum sentencing laws, which leave little room for leniency.
If you are facing drug possession charges in Santa Rosa, Sonoma County, or anywhere in the North Bay, you need legal advice and representation you can trust. Contact the Law Office of Amy Chapman at (707) 636-3207 or online today.
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