FREE CONFIDENTIAL CONSULTATION
866-847-7613A drug charge can take your freedom, damage your career, strip away professional licenses, and leave a permanent mark on your criminal record. Whether you are facing simple possession, prescription fraud, or trafficking allegations, Summit Defense fights for dismissal first—and when that is not possible, we negotiate outcomes that help you avoid jail through diversion programs and alternative sentencing.
With offices in San Jose, Oakland, and San Francisco, our attorneys appear regularly in Santa Clara County Superior Court, Alameda County Superior Court (René C. Davidson Courthouse), San Francisco Superior Court, and San Mateo County Superior Court. We understand the local prosecutors, judges, and procedures that shape outcomes in Bay Area drug cases.
Contact Summit Defense today for a free, confidential consultation with a Bay Area drug crimes lawyer.
Simple possession is typically a misdemeanor under Proposition 47, punishable by up to one year in county jail and fines up to $1,000. However, individuals with prior serious or violent felony convictions or sex offender registration requirements can still face felony charges. Possession with intent to sell under §11351 remains a felony carrying two to four years in state prison and fines up to $20,000. Prosecutors rely on circumstantial evidence like quantity, packaging materials, scales, and cash to distinguish personal use from intent to sell—a distinction a skilled defense attorney can challenge.
Transporting or selling controlled substances is a felony punishable by three to nine years in state prison. The DEA San Francisco Field Division and multi-agency task forces actively target trafficking across Alameda, Santa Clara, San Mateo, Contra Costa, and San Francisco counties. Enhanced penalties apply when drugs cross two or more county lines, and interstate cases can trigger federal drug charges with harsher mandatory minimums.
Manufacturing controlled substances carries three to seven years in state prison and fines up to $50,000. Methamphetamine lab operations carry enhanced penalties due to public safety and environmental hazards. While Proposition 64 legalized personal cannabis cultivation of up to six plants, unlicensed commercial operations remain a felony.
Being under the influence of a controlled substance is a misdemeanor punishable by up to one year in county jail. Aggravating factors—such as driving while impaired—can elevate charges significantly. If your case involves drug-related impairment behind the wheel, our DUI defense attorneys can help.
Doctor shopping, prescription forgery, and illegal distribution of opioids like oxycodone and fentanyl can carry both state and federal consequences depending on scope.
Possessing paraphernalia such as pipes, syringes, scales, or packaging materials is a misdemeanor that often accompanies more serious charges.
The impact of a conviction extends beyond sentencing. A drug crime on your record can cost you employment opportunities, professional licenses, housing, federal student aid, and firearm rights. For non-citizens, most drug offenses—even misdemeanor possession—are deportable offenses under federal immigration law. Learn more about the full range of consequences of a criminal conviction.
What you do immediately after an arrest can significantly affect the outcome of your case:
Exercising these rights is not an admission of guilt—it is the foundation of an effective defense. Learn more about your Miranda rights and the arrest and booking process.
Unlawful search and seizure: If police conducted a search without a valid warrant, probable cause, or an applicable exception, evidence may be suppressed under Penal Code §1538.5. Learn more about California search and seizure laws.
Lack of knowledge or possession: The prosecution must prove you knew about the drugs and exercised control over them. Drugs found in a shared vehicle or residence do not automatically prove possession.
Challenging intent to sell: Circumstantial indicators like quantity and packaging can be disputed, potentially reducing a felony to a misdemeanor.
Entrapment: If law enforcement induced you to commit a crime you would not otherwise have committed, charges may be dismissed.
Lab analysis errors: Chain of custody issues, contamination, or testing errors can undermine the prosecution’s case.
Authorized possession: A valid prescription eliminates criminal liability entirely.
California offers several alternatives to incarceration for qualifying drug offenders. Successful completion can result in dismissed charges and a clean record.
Penal Code §1000 (Deferred Entry of Judgment): First-time offenders may have charges dismissed after completing an 18-month drug education program. Available in Santa Clara, San Francisco, Alameda, and other Bay Area counties. The arrest record can then be sealed through expungement and record sealing.
Proposition 36: Allows qualifying nonviolent drug offenders to receive court-supervised treatment instead of incarceration. Successful completion results in charge dismissal or significant reduction.
Drug Courts: Bay Area drug courts in San Francisco, Oakland, San Jose, and surrounding jurisdictions offer structured treatment programs with regular testing, counseling, and judicial oversight.
Proposition 47: Reclassified most simple possession offenses from felonies to misdemeanors and allows individuals with prior felony convictions to petition for resentencing.
Prosecutors work aggressively to secure drug convictions. Without experienced legal representation, you risk maximum penalties that can affect your entire life. When you hire Summit Defense, we intervene early to protect your rights, thoroughly review all evidence for constitutional violations, negotiate with prosecutors across Bay Area courts, advocate for diversion programs, and prepare aggressive trial defenses when needed. We also consider the full picture—employment, immigration, licensing, and housing—to build a strategy that protects your future, not just your freedom.
Learn more about choosing a defense lawyer or review our case results.
Do not speak to law enforcement without an attorney. Invoke your right to remain silent and your right to counsel immediately. Learn more about your Miranda rights and contact a Bay Area drug crimes defense attorney as soon as possible.
Yes. Charges can be dismissed through diversion programs (PC §1000 or Proposition 36), suppression of illegally obtained evidence, insufficient evidence, or prosecutorial discretion. An experienced Bay Area drug crimes lawyer can identify the strongest path toward dismissal.
Fees vary based on case complexity, charge severity, and whether the case goes to trial. Summit Defense offers free initial consultations to evaluate your case and discuss fee structures.
Simple possession for personal use is typically a misdemeanor. Possession with intent to sell is a felony carrying two to four years in state prison. Prosecutors rely on circumstantial evidence—quantity, packaging, scales, cash, and sale-sized portions—to prove intent. A defense attorney can challenge whether these indicators actually demonstrate intent to sell.
Most drug offenses—even misdemeanor possession—are considered deportable offenses under federal immigration law. If you are a non-citizen facing drug charges, work with an attorney who understands both criminal defense and criminal immigration consequences.
Yes. Under PC §1203.4, individuals who completed probation may petition for expungement. Felony convictions reclassified under Proposition 47 can be resentenced and then expunged.
Yes. Cases involving interstate trafficking, large quantities, or federal property can be prosecuted by the DEA San Francisco Field Division in the Northern District of California. Federal charges carry harsher mandatory minimums. Learn about our federal criminal defense practice.
We represent clients across San Francisco, Alameda (Oakland, Berkeley, Fremont), Santa Clara (San Jose, Palo Alto, Sunnyvale), San Mateo (Redwood City, Daly City), Contra Costa (Concord, Walnut Creek, Richmond), Marin, Sonoma, Solano, and Napa counties.
Summit Defense provides drug crimes defense from offices across the Bay Area. If you are facing drug charges in a specific city, visit our local pages:
We also handle California marijuana laws, probation violations, DUI defense, and expungement and record sealing.
Don’t face drug charges alone. Schedule your free consultation with a Bay Area drug crimes lawyer today.
Contact us now for a
free consultation
580 California Street, 12th Floor
San Francisco, CA 94104
1970 Broadway, Suite 1145
Oakland, CA 94612
2570 N 1st Street, 2nd Floor
San Jose, CA 95131
533 Airport Blvd, Suite 400
Burlingame, CA 94010
6200 Stoneridge Mall Road, Suite
300 Pleasanton, CA 94588
370 Convention Way Suite 316
Redwood City, CA 94063
500 Capitol
Mall Sacramento, CA 95814