Drug Crimes

Get Legal Counsel After a Drug Arrest

Accusations of illicit drugs in your possession or the sale of illegal drugs can result in serious consequences. A strong legal defense will protect your rights and your future if you are facing drug charges.

Defending Against all Types of Drug Charges

Possession of Methamphetamine, Cocaine, Heroin

Health and Safety Code section 11377(a) makes possession of methamphetamine illegal in California. Health and Safety Code section 11350(a) makes other controlled substances like heroin and cocaine illegal. The amount of controlled substance has to be useable. Useable is any amount that can be used by someone. Possession of a controlled substance can be actual possession or constructive possession. Actual possession is when you have the methamphetamine in your possession, whether it is in your pants, jacket, bra, or hands. Constructive possession is when methamphetamine is found on the floorboard of a car occupied by multiple passengers. Under both possession theories, the accused must have knowledge of the presence of the drugs and know the nature and character of the controlled substance.

If you have a valid prescription from a doctor or dentist, you may have a defense to the charge. Contact us and let us help you form a defense for this charge.

Sale or Transportation of Methamphetamine, Cocaine, Heroin

Health and Safety Code section 11379 makes sale or transportation of methamphetamine illegal. Health and Safety Code section 11352 makes sale or transportation of cocaine and heroin illegal.

In order to be found guilty of this charge, there has to be an offer to sell/furnish/give away, etc. a controlled substance AND an intent to sell/furnish/give away, etc.

Marijuana

Simple possession of marijuana less than 28.3 grams is now an infraction under California law. It is treated much like a traffic ticket and punishable only by a fine.

People still face felony charges of transportation or giving away of marijuana more than 28.5 grams. Health and Safety Code section 11360(a) makes it a felony to give away/transport marijuana if you had knowledge of its presence and its nature or character and it weighed more than 28.5 grams.

There may be defenses for certain marijuana offenses pursuant to the Compassionate Use Act and also for people who run legitimate marijuana dispensaries.

Contact the Hahn Attorneys, LLP to see if you have any defenses for this charge. Ms. Hahn has extensive experience representing individuals charged with all types of drug offenses involving marijuana, cocaine, heroin, methamphetamine, other illegal substances and prescription drugs, including:

• Possession of controlled substance
• Possession of drug paraphernalia
• Sale of a controlled substance
• Drug trafficking
• Drug and firearm charges

Avoid Jail

Certain drug offenses can be charged as misdemeanors or felonies, but all carry a maximum jail term. There are drug diversion programs that could save you from having to spend time in jail for drug offenses. If you have a substance abuse problem or have been struggling with controlled substances and may be a drug addict, the Orange County courts have a court monitored drug treatment program called Drug Court. There are other programs codified by statute, like PC 1000 and PC 1210, which allows you to complete a drug program and if you are successful, your charges will be dismissed.

How Will a Drug Conviction Impact Your Immigration Status?

Drug convictions are detrimental to your ability to remain in the United States if you are not a United States citizen. Also, even if you are able to earn a dismissal through a deferred entry of judgment program offered through the courts, it is still considered a conviction for immigration purposes.

Contact us if you are charged with a drug offense so we can help you understand your rights and explore your options to protect your immigration status. We have helped many Koreans and other immigrants through the criminal justice system when facing charges that will negatively affect their immigration situation.

Navigating Drug Courts in Orange County

Attorney Caroline Hahn has experience navigating the Drug Court in Orange County. After being charged with a drug offense, you may be eligible to enter a court monitored rehabilitation program in exchange for a reduced sentence. We know how to evaluate your options to determine if this program is the best option for you and what steps to take to get you the best possible outcome.

Proposition 47

Proposition 47 was passed in California in 2014. Prop 47 allowed for certain theft and drug offenses to be reclassified as misdemeanors. If you have a prior felony drug possession conviction, you may be able to get this reduced to a misdemeanor. We understand the law and how it applies to your situation. We will determine whether you are eligible for the reduction.

Strong Representation in Your Case

Our firm is located in Tustin, and we represent clients throughout Orange County and surrounding counties. Your fears about the criminal justice system are understandable. The good news is that we care and will provide strong, ethical representation throughout your case.

Call us at 714-725-7582 or fill out our online form to schedule an appointment for a free consultation. We speak Korean and Spanish.