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Criminal Defense Lawyers Serving Southern California

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Orange County Drug Crime Defense Lawyers

In California, a drug crime can involve a large number of behaviors involving drugs and controlled substances. From possession and sales to trafficking, the activity, type of drug, and amount can result in misdemeanor or felony charges. Regardless of what type of drug crime you have been charged with in Orange County, there is the potential for life-altering penalties and devastating consequences.

When you need aggressive legal defense in a drug crime case, contact the Law Office of Sheny Gutierrez. Our legal team has been helping clients in OC navigate drug charges for nearly 20 years.

Relentless Drug Defense Lawyers in Orange County

Police and prosecutors do not always conduct their investigations and build their cases by the book. Having an experienced drug defense attorney on your side ensures that you have someone watching out for you to ensure your rights are protected. Even in cases where improper conduct is not a factor, there are many defense strategies your attorney can use to weaken the prosecutor’s case and strengthen yours.

Sheny Gutierrez and his team are an invaluable resource to people charged with drug offenses in Orange County. We have an in-depth familiarity with local court procedures and rules, as well as a thorough understanding of drug crimes and the defensive approaches that work. If you value trust, communication, skill, and experience in a defense attorney, contact us to schedule a free consultation.

Types of Drug Cases We Handle

California drug crimes include a wide range of offenses, and we relentlessly defend our clients against misdemeanor and felony drug charges in Orange County. This includes:

  • Drug paraphernalia charges, which involve the illegal possession of instruments used to make, consume, or use controlled substances
  • Drug sale, which is the possession of drugs with the intent to sell them
  • Possession, which can be charged under multiple California laws
  • Drug manufacturing, classified as producing, compounding, or processing drugs
  • Drug trafficking, which is the illegal selling or administering of large quantities of controlled substances

We work tirelessly to build compelling cases for our clients in defense of drug charges like these.

What Qualifies as a Controlled Substance?

When California laws mention a controlled substance, they are referring to a drug regulated by the government. Illicit drugs, like heroin and cocaine, are not the only substances included. Prescription medications are also considered controlled substances in California.

Drugs are classified into categories called schedules. California’s five drug schedules are based on how harmful each drug is considered to be.

Schedule I

Controlled substances in this category are considered the most harmful and have no accepted medical use. Schedule I drugs include heroin, ecstasy, marijuana, LSD, and peyote.

Schedule II

This classification of drugs includes cocaine, Vicodin, oxycodone, Adderall, and fentanyl. While these substances are considered dangerous with a high potential for abuse, there are accepted medical uses.

Schedule III

Schedule III substances have a moderate to low potential for dependence and are considered less severe than Schedules I and II drugs. These include anabolic steroids, ketamine, and Tylenol with codeine.

Schedule IV

This category includes drugs with a low potential for abuse and dependence. Examples are Xanax, Valium, Ativan, and Ambien.

Schedule V

As the least serious classification, Schedule V includes substances such as Robitussin AC and Lyrica.

Understanding Orange County Drug Diversion Programs

California offers drug diversion programs to defendants in some Orange County drug crimes, but not everyone can seek these programs as an alternative to imprisonment. If you qualify, your case could be dismissed, and you may avoid more harmful consequences like jail time.

California Penal Code § 1000

This diversion program places a priority on rehabilitation for defendants facing non-violent drug charges without prior convictions in the previous five years. If you have been charged with minor drug offenses like possession of a controlled substance or drug paraphernalia, this may be a good option to discuss with your defense attorney. Defendants who meet all the eligibility requirements and complete the program as required will have their drug charges dismissed.

Prop 36

Proposition 36, which was passed by California voters in November 2024, allows some drug offenders to be ordered into a drug treatment program rather than sentencing them to serve jail time. Under Prop 36, there are eligibility requirements, but the defendant can have past drug convictions on their record and still qualify for this diversion program.

Aggressive Legal Defense for Drug Crimes in Orange County

If you have questions about your charges or want to discuss a legal strategy for defending against them, contact the Law Office of Sheny Gutierrez. With over 15 years of experience helping our clients fight drug charges, we have unique insight and strategic approaches to offer our clients in Orange County. Schedule your free consultation with us today.