Drug Crime Charges
At the Law Offices of Valencia & Ippolito, our San Jose drug crimes lawyers bring more than 75 years of combined experience to drug offense cases. We know how police and district attorneys build these cases. We know the penalties, and we know the alternatives. We know the steps to take to see that the drug charges you face have as little impact on your life as possible.
Contact Us Today
We’re ready to stand by you 24/7 and fight for you when it matters most.
Take the First Step to Protect Your Future: Schedule a free, confidential consultation. An experienced defense attorney will listen to your story and outline a plan – at no charge. We offer flexible scheduling (evenings or weekends) and payment plans, because everyone deserves top-quality defense regardless of budget.
For Urgent Matters:
Call: (408) 920-9720 or Toll-Free: 1-877-766-5245
Drug Charge Experts – Why Choose VIB Law?
VIB Law partners Patrick Valencia and Riccardo Ippolito are highly experienced in defending clients against drug-related charges. We understand how police and district attorneys build drug cases—and we know how to challenge their tactics at every stage.
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Proactive Defense Strategy
We don’t sit back and wait for your court date. From day one, we take action—requesting discovery, reviewing search warrants, and investigating whether your constitutional rights were violated. We often move quickly to secure surveillance footage, lab records, or police reports before they disappear. This proactive approach often gives us leverage to reduce or dismiss charges before the case gains momentum.
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Reassurance & Communication
Facing a drug crime accusation—whether possession, sales, trafficking, or manufacturing—can feel overwhelming. We remind every client: “We’ve been through this process thousands of times. We’ll get you through it.” We keep you updated at every stage, from arraignment to motions hearings, so you’re never left in the dark. Our attorneys are accessible because we know how stressful this is, and we want you to feel supported and informed.
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Scientific & Legal Know-How
Drug cases often hinge on lab testing, search procedures, and complex sentencing laws. We know how to challenge the reliability of forensic evidence, the legality of a traffic stop or search, and the accuracy of lab results. If the police overstepped—whether through an illegal search, lack of probable cause, or improper interrogation—we will fight to suppress that evidence and weaken the prosecution’s case.
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Proven Track Record
VIB Law has obtained dismissals, reduced charges, and favorable outcomes in a wide range of drug cases—from simple possession to high-stakes felony prosecutions. Our strategies have spared clients from jail time, protected their records, and preserved careers. Clients regularly testify to the life-changing impact of our defense, crediting our team with giving them a second chance.
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Comprehensive Approach
Drug crime cases can carry serious collateral consequences—impacting your job, driver’s license, and immigration status. We look at the full picture, not just the immediate charges. In court, we fight for dismissals or reduced charges. Where appropriate, we pursue alternatives like diversion programs, drug treatment, or conditional dismissals that protect your future. Our priority is minimizing damage and safeguarding your long-term freedom and reputation.
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Local Lawyers Who Know the Community
At VIB Law, we’re not just experienced defense attorneys—we’re local advocates who understand the courts, judges, and communities across San Jose, Santa Clara County, and the greater South Bay. We regularly represent clients in cities such as Sunnyvale, Cupertino, Mountain View, Milpitas, Los Gatos, and Palo Alto, as well as in surrounding jurisdictions like Alameda, San Mateo, and Santa Cruz counties. Because we know the local court systems and how prosecutors in these areas build their cases, we’re able to anticipate strategies, connect with community resources, and provide the strongest possible defense tailored to this region.
Testimonials
Please Note: All testimonials have been anonymized for privacy and sensitivity.
Practice Area: Drug Crime
“Riccardo kept my nephew out of jail on a serious felony marijuana charge. We are eternally grateful.”
— Former Client’s Family Member
Attorney’s Note: Riccardo Ippolito
Successful defense against strong prosecution helped preserve the client’s future.
Critical Steps After a Drug Arrest in California
When you’re arrested for a drug crime in California, what you do in the first days can significantly impact your case. Here’s what you need to know:
- Do not make statements to police. Officers may pressure you to explain “whose drugs these are” or whether you “knew” about them. Anything you say can be twisted against you later. Politely invoke your right to remain silent and ask for a lawyer immediately.
- Bail and release options. After arrest, you may be booked and held until bail is posted. In many cases, we can argue for own recognizance release or reduced bail at the first court appearance, saving clients unnecessary time in custody.
- Preserve your defenses early. Drug cases often hinge on whether the search and seizure was legal. Were you stopped without probable cause? Was your car, home, or phone searched with a valid warrant? We need to investigate quickly while memories are fresh and evidence (like surveillance footage or text messages) can still be preserved.
- Understand what’s at stake. Even “minor” possession charges can affect employment, immigration status, or professional licenses. Felony drug charges—such as possession for sale or trafficking—can carry years in prison. Acting early gives us more room to negotiate for dismissals, diversion programs, or treatment-based alternatives that protect your future.
- Court process begins quickly. Your first court appearance (the arraignment) may be scheduled within days. This is where formal charges are read and bail conditions addressed. Having us by your side at arraignment often makes the difference between staying in custody and going home.
Our Strategy: From the moment you hire us, we immediately step in to protect your rights, investigate the stop and search, and challenge the prosecution’s evidence. By moving quickly, we often position clients for reduced charges, alternative resolutions, or outright dismissals.
Common California Drug Charges & Penalties
Drug charges in California vary widely depending on the type of substance, the amount, and whether prosecutors claim there was intent to sell. Here’s a straightforward breakdown of the most common drug crimes:
Simple Possession (HS 11350, HS 11377)
- Usually a misdemeanor if it involves small amounts of controlled substances (like cocaine, heroin, methamphetamine, or prescription drugs without a prescription).
- Penalties: Up to 1 year in county jail and fines up to $1,000.
- Many first-time offenders may be eligible for drug diversion programs (like PC 1000 or Prop 36), which can result in dismissal upon successful completion of treatment.
Possession for Sale (HS 11351, HS 11378)
- Charged when police claim drugs were intended for distribution (often based on packaging, scales, or large amounts).
- Always a felony.
- Penalties: 2–4 years in state prison and fines up to $20,000.
- Immigration consequences are severe—convictions for possession for sale are usually considered deportable offenses.
Sale or Transportation of Controlled Substances (HS 11352, HS 11379)
- Felony charges for selling, transporting, or furnishing drugs.
- Penalties: 3–9 years in state prison depending on the circumstances (longer if sales occurred near schools, involved minors, or crossed county lines).
- Judges and prosecutors treat these charges especially harshly.
Marijuana Offenses (HS 11357, HS 11358, HS 11359, HS 11360)
- Since legalization, many marijuana offenses are reduced—but selling without a license, or possessing large amounts, is still criminal.
- Penalties range from misdemeanors (illegal possession or cultivation) to felonies (illegal sales or transporting large amounts).
Drug Manufacturing (HS 11379.6)
- Felony charge for producing or “cooking” drugs such as methamphetamine.
- Penalties: 3, 5, or 7 years in state prison, plus fines up to $50,000.
- Courts treat manufacturing cases as extremely serious, especially if minors or hazardous chemicals are involved.
Driving Under the Influence of Drugs (VC 23152(f))
- Treated similarly to DUI alcohol cases, but instead of alcohol, the focus is on controlled substances, prescriptions, or marijuana.
- Penalties mirror alcohol DUIs: jail time, license suspension, fines, probation, and mandatory treatment/education programs.
Aggravating Factors
- Having a firearm, selling near schools or playgrounds, large drug quantities, or involving minors can significantly increase penalties.
- Prior convictions also enhance sentencing exposure.
Frequently Asked Questions Regarding Driving Under the Influence
After a Drug Offense Arrest
Understanding Drug Charges & Penalties
Drug Crime Trial & Defenses
Drug Offense Sentencing & Collateral Consequences
Drug Offense Appeals & Post Conviction Options
Contact Us Today
We’re ready to stand by you 24/7 and fight for you when it matters most.
Take the First Step to Protect Your Future: Schedule a free, confidential consultation. An experienced defense attorney will listen to your story and outline a plan – at no charge. We offer flexible scheduling (evenings or weekends) and payment plans, because everyone deserves top-quality defense regardless of budget.
For Urgent Matters:
Call: (408) 920-9720 or Toll-Free: 1-877-766-5245