Bay Area Drug Crimes Attorney
A 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.
Call us day or night for a free and confidential case review to discuss your options.
Featured Case Result
Possession of firearms and drugs with intent to sell – charges dismissed
Our client was stopped for a traffic violation and accused of possessing cocaine, prescription drugs, and a loaded firearm with intent to sell. Rabin Nabizadeh challenged the legality of the search and filed a motion to suppress evidence. The court ruled the search unconstitutional, excluded the evidence, and dismissed all charges.
Facing Drug Crime Charges in the Bay Area? Get Aggressive Defense Now
We believe in treatment, not jail.
- Community Service
- Rehabilitation Counseling
- First Offender’s Programs
- Arrest Records Sealed
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.
Common Types of Drug Crimes in the Bay Area
Drug Possession — H&S Code §11350
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.
Drug Trafficking & Transportation — H&S Code §11352
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.
Drug Manufacturing — H&S Code §11379.6
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.
Under the Influence — H&S Code §11550
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.
Prescription Drug Fraud — B&P Code §4324 / H&S Code §11173
Doctor shopping, prescription forgery, and illegal distribution of opioids like oxycodone and fentanyl can carry both state and federal consequences depending on scope.
Drug Paraphernalia — H&S Code §11364
Possessing paraphernalia such as pipes, syringes, scales, or packaging materials is a misdemeanor that often accompanies more serious charges.
Drug Crimes Defense
Drug Crimes Lawyers Near You
Our Locations
All LocationsSummit Defense Attorneys are available to meet with you at one of our eight offices conveniently located throughout the Bay Area.
Penalties for Drug Crimes in California
- Simple Possession (Misdemeanor): Up to one year in county jail, fines up to $1,000, possible diversion.
- Possession for Sale (Felony): Two to four years in state prison, fines up to $20,000.
- Trafficking/Transportation (Felony): Three to nine years in state prison; enhanced penalties for crossing county lines.
- Manufacturing (Felony): Three to seven years in state prison, fines up to $50,000.
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.
Know Your Rights After a Drug Arrest
What you do immediately after an arrest can significantly affect the outcome of your case:
- Remain silent. You are not required to answer police questions. Politely invoke your right to remain silent.
- Request an attorney immediately. Do not make any statements before speaking with a Bay Area drug crimes defense attorney.
- Do not consent to searches. If officers search without consent, a warrant, or probable cause, evidence may be suppressed.
- Document everything. Write down details of the arrest as soon as possible—what officers said, how the search was conducted, and who was present.
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.
Common Defenses Against Bay Area Drug Charges
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.
Bay Area Drug Diversion and Rehabilitation Programs
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.
How a Bay Area Drug Crimes Defense Attorney Can Help
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.
- Oakland drug crimes lawyer
- San Jose drug crimes lawyer
- San Francisco drug crimes lawyer
- Burlingame drug crimes attorney
- Redwood City drug crimes attorney
- Sacramento drug crimes lawyer
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.
Let us help you fight for your future
Bay Area Drug Crimes FAQ
What should I do if I am arrested for a drug crime in the Bay Area?
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.
Can drug charges be dismissed in Bay Area courts?
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.
How much does a Bay Area drug crimes lawyer cost?
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.
What is the difference between possession and possession with intent to sell?
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.
Will a drug conviction affect my immigration status?
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.
Can I get a drug conviction expunged in California?
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.
Can I be charged with a federal drug crime in the Bay Area?
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.
What Bay Area counties does Summit Defense serve?
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.
Let us help you fight for your future.
When you or a loved one has been charged with a crime, you need to act quickly. Your future depends on the kind of defense you can build, and time is not on your side. Connecting with a Bay Area criminal defense lawyer from Summit Defense can give you a better chance at getting your charges dropped, reduced, or dismissed altogether. We offer in-office visits, but you are welcome to request in-home consultations.
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