Facing drug trafficking charges for the first time can be overwhelming. California treats drug trafficking as a serious felony offense with potentially life-altering consequences, including prison time, fines and a permanent criminal record. But being a first-time offender doesn’t mean your future is over – especially if you act quickly, understand your rights and retain an experienced criminal defense attorney.
What Is Drug Trafficking in California?
Under California law, drug trafficking refers to the transportation, sale, distribution or importation of illegal controlled substances. Commonly charged under Health and Safety Code §11352, drug trafficking can involve substances such as cocaine, heroin, methamphetamine, fentanyl or unauthorized prescription medications like oxycodone.
You don’t have to physically hand these drugs to someone to face legal trouble. Transporting substances in your car, mailing them or arranging their distribution through electronic communications can lead to a trafficking charge.
Potential Legal Consequences
Drug trafficking charges carry significant repercussions, even for first-time offenders. If convicted, you could face:
- Three to nine years in state prison (or more, depending on quantity and location)
- Hefty fines, often up to $20,000 or higher
- Asset forfeiture (vehicles, cash or property used in connection with the offense)
- A permanent felony conviction on your record
Enhanced penalties may apply if:
- The offense took place near a school or involved a minor
- Large quantities of narcotics were involved
- You crossed county or state lines
Federal drug trafficking charges may also apply, which can result in even harsher penalties, including mandatory minimum prison sentences.
First-Time vs. Repeat Offenders
If this is your first drug-related offense, the court may consider your lack of prior convictions when determining your sentence. Repeat offenders often face stiffer penalties, limited plea options and fewer alternatives to incarceration. As a first-time offender, you may be more likely to qualify for:
- Alternative sentencing options, such as probation or drug treatment programs
- Reduced charges through plea negotiations
- Diversion programs (only in select cases)
Legal Strategies for First-Time Trafficking Defendants
An airtight legal defense can lead to dismissed charges, reduced sentences or favorable plea deals – even in trafficking cases.
Knowing that every case is unique, experienced criminal defense attorney Ron Brower will build a robust defense strategy based on the facts.
1. Challenging the Legality of the Search or Seizure
If police violated your Fourth Amendment rights by unlawfully searching your person, vehicle or home, suppressing the evidence can significantly weaken the prosecution’s case.
2. Questioning Possession or Knowledge
You must have knowingly possessed or transported the drugs. If you were unaware that drugs were present in your vehicle or belongings, this may form the basis of your defense.
3. Entrapment Defense
You may have a valid entrapment defense if law enforcement pressured or coerced you into committing a crime you would not have otherwise committed.
4. Negotiating a Plea
In some cases, your defense attorney can negotiate a reduction in charges, a lesser sentence or alternative sentencing options – especially if it is your first offense.
Why You Need an Experienced Criminal Defense Attorney
Drug trafficking cases move quickly, and the stakes are high. You need an advocate who understands California’s drug laws, constitutional protections and the local court system.
Attorney Ronald Brower has more than 45 years of criminal defense experience and a proven track record defending clients accused of drug offenses. Brower Law takes an aggressive and strategic approach, examining every detail to protect your rights and pursue the best possible outcome.
Whether you’re under investigation or already charged, Brower Law is here to help. Contact us today to schedule a confidential consultation and start building your defense.