Drug Crimes

Relentless Warriors for Your Drug Defense

Drug Crime Attorney in Northern California

Defending Clients Charged with Drug & Gang Crimes

Our defense attorney at Jesse J. Garcia Attorney at Law, have been defending individuals against allegations of drug offenses for 50 years. We are committed to protecting your rights and building a strong defense tailored to your case. Our priority is to get your drug charges dismissed. If necessary, we negotiate with prosecutors to pursue reduced criminal charges.

If you’ve been under investigation or charged with any drug-related offense, contact our experienced drug crime lawyers. Call (510) 782-7580 or schedule online to discuss your case.

Tackling the Rise in Drug & Gang Criminal Charges

Illegal drug use is increasing, prompting law enforcement to intensify efforts to combat drug-related crimes. These offenses range from possession of controlled substances and DUI to major drug racketeering cases.

Simultaneously, gang activity is heavily prosecuted under California laws like:

  • California Penal Code 186.22 (The California Street Terrorism Enforcement and Prevention Act or STEP Act).
  • California Penal Code 186-186.8 (The California Control of Profits of Organized Crime Act).

Both laws criminalize participation in street gangs, assisting felony criminal conduct by gang members, and profiting from organized crime. Violations can lead to:

  • 1 year in county jail or up to 3 years in state prison.
  • Forfeiture of illegally gained profits.
  • Additional jail time for sentencing enhancements.

Navigating these complex charges requires an experienced criminal defense team capable of building a strong defense. Jesse J. Garcia Attorney at Law, is here to help you every step of the way.

When Do I Need a Drug Crime Lawyer?

If you’ve been arrested for a drug crime in California, you must consult a criminal defense attorney immediately. An experienced lawyer can identify critical details in your case that may lead to a reduced sentence or dismissal.


At Jesse J. Garcia Attorney at Law, we have 50 years of experience dedicated exclusively to criminal defense. We can represent you if you’re facing allegations for:

RICO

Racketeering charges involve individuals or groups committing crimes as part of an organized business. These charges often overlap with gang conspiracy cases.

Possession

Possession charges vary in severity. For example, possession intending to sell carries harsher penalties than simple possession.

Distribution

Distribution charges depend on case specifics. Even small details, like storing drugs in multiple containers, can lead to distribution charges.

Cultivation

Cultivating certain drugs is a complex legal matter, especially because federal law differs from California state law. These charges are often severe.

Manufacturing

Manufacturing allegations frequently involve accusations of creating illegal substances, such as methamphetamine. These charges are serious and carry harsh penalties.

Prescription Drug Fraud

Prescription drug abuse has become a national crisis. Charges often involve opioids like OxyContin and can include fraudulent prescriptions or trafficking.

Marijuana Cases

Although marijuana is legal in California for those over 21, laws regulating its purchase and use remain complex. Some marijuana-related convictions may be eligible for dismissal or reduced charges.

How We Defend on Your Behalf Against Drug Charges

While repeat offenders face harsher penalties than first-time offenders, a drug charge can often be dismissed or reduced based on case specifics. At Jesse J. Garcia Attorney at Law, we craft reliable defense strategies tailored to your situation.

We use legal defenses like illegal search and seizure, entrapment, or suppression  to protect your rights. Additionally, we advocate for pretrial or diversion programs like Prop 36, which can mitigate incarceration risks.

Federal Drug Crimes:

Federal drug cases often carry harsher mandatory minimum sentences than state charges. Federal conviction rates exceed 90%, and over half of those convicted face sentences of three years or more. To fight these severe penalties, we use strategies like:

  • Conspiracy defense.
  • Illegal search and seizure challenges.
  • Entrapment defenses.

Gang Enhancement Laws in California

Under California Penal Code 186.22 (The STEP Act), it is illegal to:

  • Participate in a street gang.
  • Assist in felony criminal conduct by gang members.

Violations may result in:

  • 1 year in county jail or up to 3 years in state prison.
  • Forfeiture of illegally gained profits.

Under California Penal Code 186-186.8, gang members who commit two or more felonies for financial gain face forfeiture of profits and additional jail time.

What is the STEP Act?

The STEP Act introduces sentencing enhancements for individuals convicted of crimes benefiting a street gang. Enhancements range from:

  • 2 years to 25 years to life, depending on the offense.

To secure a conviction, prosecutors must prove:

  • The crime benefited or was directed by a criminal street gang.
  • The defendant intended to assist or promote criminal gang activities.

Federal Gang Involvement Laws

What is RICO?

RICO criminalizes individuals who commit or conspire to commit at least two specific crimes (e.g., drug trafficking, kidnapping, or arson) to further a gang’s activities. Penalties include:

  • Up to 20 years or life in prison (in severe cases).
  • Forfeiture of illegal profits.
  • Fines up to $250,000.

What is VICAR?

VICAR penalizes individuals who commit violent crimes to join or gain status within a gang. Penalties include:

  • Up to 30 years in prison or life imprisonment for murder.
  • Fines of up to $250,000.

What is the CCE?

The Continuing Criminal Enterprise (CCE) statute penalizes leaders of drug enterprises or those who murder while engaging in drug-related crimes. Penalties include:

  • 20 years to life in prison.
  • Fines of up to $4,000,000 for individuals or $10,000,000 for organizations.

What Gang Activities Could Add Up to 10 Years to a Prison Sentence?

Under federal law, gang sentencing enhancements of up to 10 years may apply if:

  • The defendant participated in a criminal street gang, knowing its members engaged in serious offenses.
  • They intended to further the gang’s felonious activities.
  • They were convicted of a serious crime within the past five years.

Protecting Your Rights in Pleasanton, Fremont, Oakland, Modesto, & Surrounding Areas

The consequences of drug possession or gang-related accusations in Northern CA can be life-changing. From hefty fines to deportation and lifetime imprisonment, the stakes are high.


At Jesse J. Garcia Attorney at Law, we fight for your constitutional rights and craft strategic defenses tailored to your case. Whether it’s a state or federal drug charge, we provide comprehensive representation and challenge critical errors in evidence and accusations.


We are here 24/7 to protect your rights and build a strong defense. Spanish-speaking services are available. Contact us online or call our Pleasanton or Modesto office at (510) 757-1878 for a free, confidential consultation.

Don’t face these charges alone. Let us be your advocate.

Connect With Us

Need more information? Call us at 510-782-7580 to speak with one of our experts.

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