Charged With Drug Possession in the Bay Area?

Our San Jose Drug Crime Attorney May Be Able to Defend You

In the state of California, drug possession is a very serious matter. Even the smallest amount of an illegal or illicit substance can lead to significant consequences to your life. The specific penalties, however, are entirely dependent on the type of drug, the amount of the drug involved, and the possessor’s intent. Were you charged with drug possession, or possession with the intent to sell or distribute? You want a lawyer with extensive drug crime defense experience. Attorney Nick Cvietkovich is a San Jose drug crime attorney. He has worked with hundreds of clients charged with different types of drug possession offenses.

Types of Drug Charges

Under California law, there are two very common drug-related charges. They are:

  • Possession of a controlled substance
  • Possession for sale (or distribution) of a controlled substance

Each offense carries severe potential penalties based on the circumstances of the case and the specific substance involved. It is important to work with a lawyer who has significant experience handling drug crimes charges for clients and who understands the law regarding these issues.

Possession of a Controlled Substance

Illegal possession of a drug can include substances such as marijuana, crack/cocaine, heroin, and methamphetamine, as well as certain pharmaceutical drugs without a valid prescription. A conviction of drug possession hinges on three separate factors:

  • Actual or constructive possession. Actual possession is when police found the substance on an individual’s person. Constructive possession is in a place under the control of an individual such as a house or car;
  • Knowledge. The individual was fully aware of two things:
    • The presence of the drug on his or her person, or in his or her home, car, etc.; and
    • The status of the substance as a controlled substance; and
  • Quantity for use. The amount possessed was a large enough quantity for the person to use rather than just traces of the drug found on the person.

The absence of any of these criteria can greatly contribute to your defense, and Mr. Cveitkovich understands this well. He also recognizes the importance of law enforcement following proper search and seizure procedures, as any impropriety can lead to the dismissal of all charges.

Possession for Sale of a Controlled Substance

There is no statutory provision in California law to identify a particular amount of a controlled substance that automatically qualifies for prosecution regarding intent to sell. Instead, the circumstantial considerations of the case can lead to such charges. In addition to the criteria justifying drug possession charges, intent to sell or deliver can be demonstrated in a number of ways, including:

  • Quantity. A significant amount of the substance may indicate that it is intended for more than personal use;
  • Distribution paraphernalia. The presence of portion bags, bundles, scales, or the drugs being stored in easily-sold packaging may also lead to charges for intent to sell;
  • Cash. Large amounts of cash, particularly smaller denominations may work against an individual’s case; and
  • High volume of visitors. When neighbors or witnesses report large numbers of people stopping at an individual’s house or apartment, especially those who do not stay long, prosecutors may seek intent to deliver charges.

As with charges of drug possession, possession for sale charges carry penalties dependent on the drug involved and another variables. However, the least serious charge of intent to deliver is still a felony, punishable by probation and jail time of up to four years.

Need Help Defending Your California Drug Possession Charges? Contact a San Jose Drug Crime Attorney.

Do you have a drug possession charge with or without the intent to sell? The Law Offices of Thomas Nicholas Cvietkovich can help. You cannot afford to wait. Contact us at  (408) 898-9653 to schedule your free consultation today.


Nick is an excellent attorney who really cares for his clients and knows what he is doing. His experience can be easily noticed. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end, it is a relief to speak to an attorney like him that is not just trying to retain your business, but genuinely cares for the people he works with. He has a great team of people working for him that are always willing to update you on your case and answer any questions you might have. If you want a great attorney who will not overcharge you and will get you the best results, call his office.

-Mari, Yelp

There’s not enough words to explain how grateful I am with Nick. He defended my husband in a 25 to life case. No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest and professional! He was always keeping us updated and letting us know of the status of the case. He would always return our calls and txt messages. Not like others lawyers that all they want is money. Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you. Thanks to you the case was dismissed!!!

-Anna, Google

Nick is an incredible lawyer. I worked with Nick for about 2 years to have my case resolved. I selected him from conducting 7 interviews with a couple of other lawyers but I knew that he was the man for the job when I talked to him. I selected him after 2 interviews after I knew that he was an experienced lawyer and handled numerous cases within my charge. Nick is very thorough, professional, and always goes above and beyond for his clients. He is very exceptional and I would recommend Nick again in the future for any client that wants to either win, dismiss, or reduce any charges. I highly recommend Nick Cvietkovich.

-Ron, Yelp

When I got my second DUI, a friend of mine told me about Nick and how he is a great defense lawyer and would do whatever it took to get me the best deal. Upon meeting him, I already that I was in good hands. Throughout my case, he would keep me updated with any new information that would help my case and always be ready to answer my questions. He was very understanding with everything and helped me every way possible. Then when I got in trouble with driving without a license, I went back to him and he quickly took my case and did such a wonderful job. I was worried about what would have happened with me but Nick kept me calm and would make sure that I would be taken care. He is a great lawyer with great staff and is someone I recommend to anyone that is looking for a top notch defense lawyer. Thank you for everything Nick.

-Carlos, Yelp

I was pulled over by the police in San Jose about 4 months ago with a .09 blood alcohol level. I knew I had to get some help. This was my first time ever needing legal help. When I spoke with Nick he sounded like a nice guy. He was knowledgeable and offered a very reasonable price. So I went with him and hoped for the best. Little did I know I had just hired an excellent lawyer. He went to work right away. He made me feel comfortable and was always quick to get back to my questions and concerns and always kept me informed with the case. Four months later his strategy worked great. I had prepared myself for a DUI sentence but was hoping to get at least a wet reckless. I ended up walking away with a dry reckless and a small fine. My license was not affected either. I can’t thank him enough. Nick is a very intelligent, personable and clever lawyer. He knows the system well and was able to get me the lightest possible sentence. If I ever have any legal questions or need any legal help in the future, he will be my first call.

-Kelly, Avvo

I give 5 stars for Mr. Cvietkovich. My family was going through a terrible tragedy and on top of that had a legal issue that was time sensitive. I contacted Nick Cvietkovich and in just a few hours Mr. Cvietkovich got all the parties together and resolved the issues. Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. Everyone needs a lawyer that not only gets things done but gets things done quickly. Thank you Nick Cvietkovich – words cannot express my gratitude.

-Justin, Yelp

Why Choose Us

  • More than 14 years of experience
  • Have handled 4,500+ cases
  • Available 24/7
  • Top Accreditations
  • Represent wide range of criminal charges