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Our experienced team has successfully defended against various drug charges in San Diego. We'll challenge evidence, explore all options, and fight for your best outcome.

If You’ve Been Charged With a Drug Crime...

You could be facing harsh penalties—especially for felonies, prior convictions, or alleged sales. Even a small amount of drugs can lead to jail time and ruin your future job, housing, and education opportunities. You don’t have to accept the worst-case outcome. Call a defense attorney now and take the first step toward protecting your future.

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San Diego Drug Crimes Defense

When you’re facing drug charges in San Diego, the decisions you make now will shape your entire future. Whether you’re dealing with simple possession or serious trafficking allegations, California’s complex drug laws create a legal minefield where even minor missteps can lead to devastating consequences.

At David P. Shapiro Criminal Defense Attorneys, we understand the fear and uncertainty that comes with drug charges, and we provide strategic, effective defense representation based on a real understanding of San Diego County courts and prosecutors.

What to Expect in San Diego Drug Cases | Possession, Sale & Transportation Charges

San Diego prosecutors approach drug cases differently from other California counties. While Proposition 47 and Proposition 64 have reduced some penalties on paper, the reality in San Diego courtrooms often differs from what the law suggests. Local enforcement priorities, prosecutor discretion, and judicial tendencies all affect how your case will be treated.

Drug Possession Charges Under Health & Safety Code § 11350

Since Proposition 47, simple possession of controlled substances like cocaine, heroin, or methamphetamine is generally charged as a misdemeanor rather than a felony. However, many San Diego prosecutors attach aggravating factors to enhance these charges when possible. The San Diego County District Attorney’s office routinely pursues maximum penalties for possession cases involving:

• Possession near schools, parks, or public facilities
• Possession while on probation or parole
• Possession connected to any gang activity or associations
• Possession involving multiple types of controlled substances
• Possession while armed, even if the weapon is legally owned

We’ve represented hundreds of clients charged under Health & Safety Code § 11350 and understand how to challenge these enhancing factors and protect your rights under Proposition 47’s reforms.

Possession for Sale (Health & Safety Code § 11351): What San Diego Prosecutors Must Prove

San Diego drug task forces aggressively target sales cases, often charging simple possession as “possession with intent to sell” based on circumstantial evidence. To secure a conviction under Health & Safety Code § 11351, prosecutors must prove beyond a reasonable doubt that:

• You possessed a controlled substance
• You knew of its presence
• You knew of its nature as a controlled substance
• You possessed a sufficient quantity to be used for sale
• You intended to sell, or had knowledge someone else would sell, the controlled substance

We’ve successfully defended numerous San Diego clients by challenging these elements, particularly attacking the presumption that quantity alone proves sales intent. Recent California case law, including People v. Parra (2018) and People v. Gutierrez (2021), has strengthened defenses against these assumptions, giving us additional tools to fight these serious charges.

Transportation and Sales (Health & Safety Code § 11352): Enhanced Enforcement in San Diego County

San Diego’s position near the U.S.-Mexico border has made it the focus of intensified drug trafficking enforcement. Local, state, and federal agencies collaborate through specialized task forces that target transportation cases with substantial resources. San Diego prosecutors frequently seek maximum penalties under Health & Safety Code § 11352, which prohibits:

• Transporting, importing, selling, or furnishing controlled substances
• Administering controlled substances to another person
• Giving away, offering to transport, or attempting to import controlled substances

Since 2014, “transportation” charges require proof of intent to sell rather than merely moving drugs from one location to another. This legal change, established in People v. Lua (2017), provides important defense opportunities we’ve successfully leveraged for clients throughout San Diego County.

Drug Charges Don’t Wait. Neither Should You.

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San Diego Drug Defense Strategies That Actually Work

Every drug case requires a tailored defense strategy based on case-specific factors. Based on our extensive experience in San Diego drug defense, these approaches consistently deliver results:

Constitutional Challenges That San Diego Judges Actually Grant

While challenging searches and seizures is standard practice, certain constitutional arguments are particularly effective in San Diego courts:

• Prolonged Traffic Stops: The California Supreme Court’s decision in People v. Macabeo and federal precedent in Rodriguez v. United States limit how long officers can extend stops to investigate drug activity. San Diego judges increasingly grant suppression motions when officers extend stops without reasonable suspicion.
• Apartment Complex Common Areas: San Diego police regularly conduct drug investigations in apartment complex hallways and common areas. Recent California decisions like People v. Zuniga have strengthened privacy protections in these areas, providing a defense avenue we’ve successfully used multiple times.
• Cell Phone Searches: Following Riley v. California, warrantless searches of cell phones are presumptively invalid. San Diego drug task forces frequently examine phones without proper warrants, creating suppression opportunities we’ve leveraged in numerous cases.

Scientific Challenges to Drug Evidence

San Diego County’s crime laboratory faces significant backlogs and has experienced several scandals involving improper testing protocols. We’ve successfully challenged drug evidence through:

• Independent laboratory testing that contradicted prosecution findings
• Chain of custody challenges that raised reasonable doubt
• Exposing improper field testing procedures by San Diego law enforcement
• Challenging the quantitative analysis required to prove usable amounts

San Diego Drug Diversion Programs: Accessing Programs That Actually Lead to Dismissed Charges

San Diego offers several diversion opportunities, but accessing them requires more than just eligibility:

• PC 1000 Pretrial Diversion: While reinstituted in 2018, San Diego prosecutors frequently oppose diversion for cases involving multiple substances or significant quantities. We’ve successfully overcome these objections by presenting comprehensive treatment plans and establishing mitigating circumstances.
• Collaborative Courts: San Diego’s Drug Court, Veteran’s Treatment Court, and Behavioral Health Court provide excellent alternatives to conventional prosecution but have limited capacity. Our established relationships with program administrators help our clients secure these valuable opportunities.
• Mental Health Diversion: Under PC 1001.36, defendants with qualifying mental health conditions can obtain diversion even for serious drug offenses. San Diego courts apply strict standards for clinical evaluations; we work with qualified forensic psychologists familiar with local court expectations.

What Sets Our San Diego Drug Defense Apart

Our approach to drug defense incorporates specific advantages that make a meaningful difference in San Diego cases:

• Former Prosecutor Insight: Having worked inside the system, David P. Shapiro understands how San Diego drug cases are built, charged, and prosecuted, revealing vulnerabilities others might miss.
• Local Expert Network: We maintain relationships with toxicologists, forensic chemists, addiction specialists, and mental health professionals who understand San Diego court expectations and can provide compelling testimony.
• Courthouse-Specific Knowledge: Different San Diego courthouse locations have different practices, judicial preferences, and prosecutor tendencies. Our experience throughout the county allows us to navigate these variations effectively.
• Treatment Provider Relationships: We’ve built connections with respected treatment providers throughout San Diego County who can provide the documentation and testimony that makes diversion arguments persuasive to local courts.

Contact Our San Diego Drug Defense Attorneys Today

If you’re facing drug charges in San Diego County, the choices you make now will determine whether this becomes a life-defining setback or a manageable legal challenge. With effective representation focused on your specific situation, many drug cases can be resolved favorably through reduced charges, diversion programs, or dismissal.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.

California Central Courthouse

City courthouse in San Diego, California

• Address:1100 Union St, San Diego, CA 92101
• Hours: Open – Closed 4PM
• Phone:(619) 844-2700