Orange County Drug Crimes Lawyer

Drug Crimes in California

Most drug offenses fall into three categories: simple possession, sale, and possession for sale.

Simple Drug Possession

Simple possession means having a usable amount of a controlled substance for personal use.

Common controlled substances are:

Certain prescription medications are also classified as controlled substances, and possession without a valid prescription violates the law.

Simple possession of methamphetamine or ecstasy results in a misdemeanor with up to a year in jail. Possessing cocaine or heroin for personal use is also a misdemeanor that carries a maximum one-year jail sentence.

Many individuals charged with simple possession may qualify for a drug diversion or treatment program in place of jail. Successfully completing the program can lead to dismissal of the charges. However, failure to finish the court-ordered program may result in jail time. Consulting a qualified attorney will help you understand all available options and safeguard your rights throughout the process.

What Is Code 11377(a)?

California Health and Safety Code 11377(a) defines the possession of methamphetamine. To convict under this statute, prosecutors must prove you illegally possessed a controlled substance, knew it was present, knew it was a controlled substance, and that the quantity was usable.

California Health and Safety Code Section 11377(a) specifically governs methamphetamine possession. This law details the requirements and the types of evidence involved in these charges.

Additional statutes address the possession, sale, transportation, or manufacture of methamphetamine, with much more severe penalties.

Sale of a Controlled Substance

If authorities charge you with selling a controlled substance, you face harsher punishment than for possession alone. Selling cocaine or heroin is a felony with a maximum sentence of five years in state prison. Selling methamphetamine or ecstasy is a felony and carries up to four years in prison.

Orange County law enforcement commits significant resources to undercover operations that target street-level and organized drug sales. These operations often happen in areas near freeways and commercial centers, with undercover police officers gathering evidence that prosecutors later use. The way officers perform these operations and collect evidence can significantly influence your case. 

Typically, officers charge a person with selling narcotics to an undercover police officer. On rare occasions, a person faces charges for selling drugs to someone else. Police often protect their informants by limiting their exposure at trial, so most cases focus on undercover officer testimony.

At trial, the testimony from the undercover officer is central to the prosecution's case. You need an attorney with substantial trial history who knows how to question officers about their conduct and credibility. 

Drug Possession for Sale

If you are charged with possession for sale, it means authorities claim you had drugs with the intent to sell them to others. Possession for sale of cocaine or heroin is a felony and carries up to four years in prison. Possession for sale of methamphetamine or ecstasy can result in up to three years in prison.

Courts in Orange County, including the Harbor Justice Center serving Irvine, may assess evidence in these cases differently from courts elsewhere. Judges and prosecutors focus on the amount of controlled substances seized and the details surrounding the arrest. In Irvine, cases commonly hinge on digital communications, location evidence, and physical evidence such as large sums of cash.

In a typical possession-for-sale case, the government presents facts showing someone possessed narcotics along with "indicia" that suggest the person intended to sell the drugs.

Prosecutors often use these as evidence of intent to sell:

• The amount of narcotics possessed
• Empty baggies for packaging
• Scales to weigh the narcotics
• Disposable cell phones
• Records listing drug sales and money owed
• Significant cash found on site

Prosecutors almost always bring in officers who explain to the jury why this evidence suggests intent to sell. These officers regularly investigate possession-for-sale cases and provide sworn testimony in court.

Challenging the credibility and conclusions of the prosecution's witnesses is essential to any defense. 

Diversion & Alternatives to Incarceration

Individuals arrested for certain drug crimes qualify for diversion or alternative sentencing options. Orange County courts follow state diversion laws, such as PC1000 and Proposition 36, offering eligible individuals the chance to attend treatment or educational programs instead of serving jail time. Judges can require successful completion of these programs as a condition for reducing or dismissing charges. 

At Law Offices of Christian Kim, we guide clients through assessing eligibility, preparing for participation, and weighing the pros and cons of each option. Our approach allows defendants s to address legal concerns while accessing support for substance use challenges, adapting to the requirements of the local justice system.

How Local Drug Cases Impact Your Record & Future in Orange County

Drug convictions affect more than immediate penalties; they also create records visible to employers, schools, and landlords. California law sometimes allows for expungement or sealing of records after successful completion of probation or diversion, but procedures and requirements vary widely. Orange County judges expect thorough documentation and accuracy in applications. 

Law Offices of Christian Kim emphasizes direct communication and practical explanations to ensure clients understand what's ahead and are prepared moving forward. The consequences of a conviction can influence everything from job applications to professional licensing and even immigration status. We're here to help mitigate that from start to finish of your case. 

Call (714) 576-2935 if you have been accused of a drug offense. We will give you a complete and honest evaluation of your case.

Helpful Resources

• City of Irvine Police Department website
• Orange County Government website
• United States Department of Justice website