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.

Patrick Valencia

Senior Partner, Criminal Defense Attorney

Riccardo Ippolito

Partner, Criminal Defense Attorney

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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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

Frequently Asked Questions Regarding Driving Under the Influence

After a Drug Offense Arrest

What should I do if arrested for Simple Possession (HS 11350)?
Can I be arrested for Possession for Sale (HS 11351) even with a small amount of drugs?
What evidence do police look for in Sale or Transportation (HS 11352)?
How do marijuana arrests differ after Prop 64 (HS 11357–11360)?
What should I do if asked to perform field sobriety tests in a DUI Drugs stop (VC 23152(f))?
Can police search my car without a warrant during a drug arrest?

Understanding Drug Charges & Penalties

What is the difference between Simple Possession (HS 11350) and Possession for Sale (HS 11351)?
If I am arrested for DUI Drugs (VC 23152(f)), do I have to submit to a blood test?
What penalties come with Sale of Controlled Substances (HS 11352)?
What are the penalties for Drug Manufacturing (HS 11379.6)?
What are the consequences for marijuana sale (HS 11359, HS 11360)?
Can a drug conviction affect my immigration status?

Drug Crime Trial & Defenses

At my trial for Simple Possession (HS 11350/11377), what must prosecutors prove?
How can I fight a Possession for Sale (HS 11378) charge?
Can I argue entrapment in a Sale or Transportation (HS 11352) case?
What if I didn’t know the drugs were there?
How can I challenge blood test results in a DUI Drugs (VC 23152(f)) trial?
For Drug Manufacturing (HS 11379.6), what defenses exist?

Drug Offense Sentencing & Collateral Consequences

Could I avoid jail for Simple Possession (HS 11350/11377)?
What sentencing enhancements apply to Sale or Transportation (HS 11352)?
Can a conviction affect my professional license?
How will a DUI Drugs (VC 23152(f)) conviction affect my license?

Drug Offense Appeals & Post Conviction Options

Can I appeal a Simple Possession (HS 11350) conviction for illegal search?
What if intent wasn’t proven in my Possession for Sale (HS 11351) conviction?
Can I appeal a Drug Manufacturing (HS 11379.6) conviction for bad jury instructions?
Is ineffective assistance of counsel grounds for appeal?
Can I expunge a drug conviction?
What is a “wobbler” offense in drug crimes?
Can I obtain a Certificate of Rehabilitation after a drug conviction?

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