Skilled Defense Against All Drug Charges

Drug charges in California range from simple possession misdemeanors to serious trafficking felonies carrying years in state prison. Regardless of the charge, a drug conviction can impact your job, housing, education, and immigration status for years to come.

Tony Carlos, a former Sutter County prosecutor, has extensive experience with drug cases. He understands the complex laws governing drug offenses and knows how to challenge the prosecution's evidence effectively.

Drug Charges We Defend

  • Simple Possession (HS 11350, 11377) - Possession of controlled substances for personal use
  • Possession for Sale (HS 11351, 11378) - Possessing drugs with intent to sell
  • Drug Sales (HS 11352, 11379) - Selling, transporting, or distributing controlled substances
  • Drug Manufacturing - Operating drug labs or growing operations
  • Drug Trafficking - Large-scale transportation of controlled substances
  • Marijuana Offenses - Illegal cultivation, sales, and possession beyond legal limits
  • Prescription Drug Fraud - Obtaining controlled medications through fraud
  • Under the Influence (HS 11550) - Being under the influence of controlled substances

California Drug Laws: Understanding the Charges

California has reformed many drug laws in recent years, but serious consequences remain:

Proposition 47 Changes

Simple possession of most drugs is now a misdemeanor rather than a felony, with maximum penalties of up to 1 year in county jail. This includes possession of heroin, cocaine, and methamphetamine for personal use.

Sales & Trafficking

Drug sales remain felonies with sentences ranging from 2-9 years in state prison depending on the substance. Trafficking across county lines or involving large quantities triggers enhanced penalties.

Drug Diversion Programs

Prop 36 & Drug Court

Many drug offenders qualify for diversion programs that can result in charges being dismissed upon successful completion of treatment. Tony Carlos evaluates every case for diversion eligibility, which can keep your record clean and get you the help you need instead of jail time.

Defense Strategies for Drug Cases

Unlawful Search and Seizure

The Fourth Amendment protects you from unreasonable searches. If police violated your rights, the drugs may be suppressed as evidence and charges dismissed.

Lack of Knowledge

The prosecution must prove you knew the drugs were present and knew they were a controlled substance. If drugs were planted or you didn't know what was in a package, this is a valid defense.

Challenging "Intent to Sell"

Possession for sale charges often rely on circumstantial evidence like scales, baggies, or cash. We challenge whether the evidence actually proves intent to distribute.

Lab Analysis Issues

The prosecution must prove the substance is actually an illegal drug through lab testing. We challenge the testing procedures and chain of custody.

Entrapment

If police or informants induced you to commit a drug crime you wouldn't otherwise have committed, entrapment may be a valid defense.

Medical Marijuana Defense

California law permits medical marijuana use. If you had a valid recommendation and stayed within legal limits, this may be a complete defense.

Immigration Consequences of Drug Convictions

Critical for Non-Citizens

Drug convictions can be devastating for immigration status. Most drug offenses trigger deportation and permanent inadmissibility. Tony Carlos handles both criminal defense and immigration law, allowing him to craft defense strategies that protect both your freedom and your immigration status.

Why Choose Tony Carlos for Drug Defense

Former Prosecutor

Tony prosecuted drug cases for Sutter County and knows how the DA builds their case against you.

Dual Practice

Experience in both criminal and immigration law allows comprehensive defense strategies for non-citizen clients.

Diversion Focus

Tony evaluates every case for drug diversion eligibility to keep your record clean when possible.

Local Experience

15+ years in Sutter and Yuba County courts means relationships and knowledge that benefit your case.

Frequently Asked Questions

Is possession still a felony in California?

Under Proposition 47, simple possession of most drugs for personal use is now a misdemeanor. However, possession for sale remains a felony, and prosecutors often try to charge possession as possession for sale based on quantity or other factors.

Can I get drug charges dismissed through diversion?

Many first-time offenders and those struggling with addiction qualify for drug diversion programs. Upon successful completion of treatment, charges may be dismissed. Eligibility depends on your criminal history and the specific charges.

What if the drugs weren't mine?

The prosecution must prove you had knowledge and control of the drugs. If you were in someone else's car or home and didn't know drugs were present, this can be a valid defense.

Will a drug conviction affect my immigration status?

Yes, drug convictions can trigger deportation and make you permanently inadmissible to the United States. This makes skilled defense critical for non-citizens facing drug charges.