San Jose Drug Crime Lawyer
Defending Against Drug Crimes Charges in the Bay Area
For the last several decades, drug-related crimes have been at the forefront of public consciousness—and for good reason. Over five percent of people aged 18 to 80 have been prescribed a tranquilizer like Xanax, Klonopin, or Ativan, with overdoses and deaths increasing each year. More than 12.5 million people have misused opioid painkillers in 2015, with 91 Americans dying every day from opioid overdoses, as noted by the Centers for Disease Control and Prevention.
Additionally, ADHD stimulants show a greater risk of overdose than cocaine, according to a 2017 report. Regrettably, these statistics show that we live in a drug-saturated society. Thus, federal, state, and local authorities are directing their efforts toward curbing the effects that drugs can have on society, particularly when linked with violent crime. However, this means that facing drug charges can be extremely serious, with convictions often resulting in severe and lifelong penalties.
At the Law Offices of Nick Cvietkovich, our drug crime lawyer possesses a deep understanding of California drug laws and can help you navigate the complex nature associated with these crimes. We will work tirelessly to protect you and your rights and work for the best possible outcome for your case. If you are in need of a skilled advocate to guide you throughout the legal process and provide you with a strong defense, our drug crime attorney in San Jose is ready to assist you.
Have you been accused of a drug crime? Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a free consultation with our drug crimes attorney in San Jose.
What are Common Drugs Involved in Criminal Cases?
In general, anything that is classified as a “controlled substance” may result in criminal charges. Usually, these charges are for possession or possession with intent to distribute.
Common drug crime cases involve:
- Marijuana. Cannabis laws seem to be ever-changing in California and are different for medical users than recreational users. As of 2018, law enforcement will treat marijuana similarly to alcohol. Any open receptacle of marijuana-based products, including edibles and vaporizers, can constitute an infraction if you are driving. However, a closed container and general possession are legal.
- Cocaine and crack. These stimulants are highly addictive. Therefore, as schedule II-controlled substances, any possession or distribution of cocaine-based drugs is unlawful.
- Opioids. Anyone convicted of illegal possession or distribution of illegal opioids like heroin or prescriptions like oxycodone, hydrocodone, oxymorphone, hydromorphone, fentanyl, or Vicodin faces stiff penalties.
- Methamphetamines, Amphetamines, and Methylphenidates. Psychostimulant drugs are among the leading causes of overdoses among teens and young adults. Brand-name drugs like Adderall, Ritalin, Concerta, Desoxyn, Vyvanse, Procentra, Methylin, and Dexedrine contain psychostimulants.
- LSD. Lysergic acid diethylamide, also known as acid, is a primary hallucinogenic drug. This substance is a Schedule I drug, meaning it is easy to abuse, unsafe for consumption, and has no medical purpose.
- Ecstasy. Methylenedioxymethamphetamine is a highly addictive and sometimes deadly drug called Molly, MDMA, or E.
- Recovery Drugs. Law enforcement officers and emergency medical teams use buprenorphine-based drugs (like Suboxone) and naloxone-based drugs (like Narcan) daily to save lives from overdoses. Unfortunately, many people also use them recreationally. As a result, unlawful possession of these substances is as serious as possession of opioids
What are Common Types Of Drug Crimes?
When you face drug crime charges, your future depends on your criminal defense attorney’s ability to understand the law and work within the legal system in pursuit of a favorable outcome. Drug crimes attorney Nick Cvietkovich is well-equipped to defend you from any criminal charge.
For example, some of these criminal charge may include:
- Drug possession and intent to deliver.
- Possession of drug paraphernalia.
- Selling, distributing, or transporting a controlled substance.
- Manufacturing or producing a controlled substance.
- The sale or provision of a controlled substance to a minor.
- Other misdemeanor and felony California drug offenses
The consequences associated with drug crimes vary greatly depending on the particular drug, the amount of drug the accused allegedly possessed or consumed, and the circumstances of the offense.
How to Defend Against Drug Crime Charges
In the state of California, individuals charged with drug crimes may be able to use various legal defenses depending on the circumstances of their case. Below are some potential defenses that can be used:
- Unlawful search and seizure: If the drugs were acquired through an illegal search or seizure by a law enforcement officer, it may be possible to challenge the evidence on the grounds of a violation of your Fourth Amendment rights. If the court finds the search to be unlawful, the evidence could be suppressed, potentially resulting in a dismissal or reduction of charges.
- Lack of possession: The prosecution must prove that you had constructive or actual possession of the drugs. If you can provide proof that you did not have knowledge of the drugs' presence, had control over them, or that they belonged to another person, it may be a viable defense.
- Entrapment: If law enforcement induced or coerced you into committing a drug offense that you would not have otherwise committed on your own, therefore lacking the predisposition or intent to engage in illegal drug activity, this may be a viable defense.
- Medical marijuana defense: California has legalized medical marijuana under certain circumstances. It may be possible for you to assert a defense based on your lawful medical marijuana use if you have a valid medical marijuana recommendation and were following the relevant laws.
- Crime lab analysis and chain of custody issues: You could be able to challenge the accuracy or reliability of the drug analysis conducted by the crime lab. There may be a weakness in the prosecution's case if there are doubts about the chain of custody from the time of seizure to testing.
- Violation of Miranda rights: If you were not properly informed of your Miranda rights and made self-incriminating statements, those statements may be suppressed.
These are just a few examples of possible defenses, and the applicability of each defense will depend on the specific facts surrounding the case. Consult with an experienced drug crime attorney, such as Thomas Nicholas Cvietkovich, who can evaluate your situation and can determine the best defense strategies specific to your circumstances.
Contact the Law Offices of Nick Cvietkovich today to get started on your defense with our San Jose drug crime attorney.
What Sets Us Apart?
At the Law Offices of Nick Cvietkovich, we understand just how formidable the situation can be when you are facing drug charges. We have handled more than 4,000 criminal cases over the past decade. In that time, we have worked with hundreds of clients dealing with drug crimes of all types.
Local Knowledge & ExperienceWe are a Northern Californian- founded and run firm giving us unique insight into the court system.
Well-Known & Respected TeamThe attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations.
Dedicated & Experienced CounselOur firm has over 15 years of experience and has successfully handled more than 4,500 cases.
If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today.
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Contact Our Drug Crime Attorney in San Jose Today
The smallest details of a criminal case involving drug charges can change a life. One wrong word to the authorities can turn a ticketable offense into a felony with years in jail time. Or a misplaced prescription could result in charges for intent to traffic a controlled substance. If you are facing charges for any type of drug-related offense, then the lawyer you choose can make a difference. Choose the one who is committed to working for you.
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