San Jose Drug Lawyer Maureen Baldwin
San Jose Drug Lawyer Maureen Baldwin has over 30 years of experience handling drug charges. You can count our knowledge of ever-changing drug and search and seizure laws to resolve legal matters associated with drugs for you or a loved one.
Drug laws of course make possession, sales or use of controlled substances scheduled in the California Health and Safety Code illegal unless certain exceptions are met, such as having a valid prescription for the drug, or having a medical marijuana card. Possession of hydrocodone, oxycontin or some of the benzodiazepines is not legal without a valid prescription. Sometimes a person who has been treated for pain with pain meds becomes addicted and is unable to obtain a sufficient amount for their addiction from their doctor. The result is an attempt to forge a prescription or perhaps buy individual pills from others. In sympathetic situations such as an accident patient left with a vicodin addiction, the courts are generally willing to work with the client to achieve sobriety, either through DEJ or drug court programs or through private rehabilitation programs.
Doctors and medical professionals can be punished for overprescribing certain scheduled medication without legitimate medical use. In addition to potential loss of a medical license, there are also criminal penalties.
In California, marijuana for recreational use is still illegal. However, many people have doctor recommendations and State-Issued Identification cards for medical use of marijuana for conditions such as chronic pain, migraines, cancer and persistent nausea. Assuming that party does not possess in excess of the amount stated in the Compassionate Use Act: up to 8 oz of dried marijuana or no more than 6 mature or 12 immature plants per qualified patient, possession of marijuana by these qualified patients or their qualified caregivers is legal for medical purposes.
Possession, sales, and use of street drugs such as methamphetamine, MDMA, designer drugs (bath salts), mollies, LSD, and traditional hard drugs such as heroin and cocaine is of course always illegal.
An arrest for drugs raises potential defenses that you may have not been aware of at the time of the arrest. These issues need to be factored into your defense:
- No probable cause for stop or arrest
- Illegal search and seizure
- Confession outside of Miranda
- Inadmissible Evidence
- Illegal arrest when marijuana is used for medicinal reasons
- Medicinal defenses to marijuana cultivation
- Wrongfully issued search warrants
- Searches that exceed what the search warrant permits
Our Strategy: An Aggressive Defense
No matter what category of charges your case falls under, we will represent you to make sure your rights are honored. If your arrest is unlawful, or if you are not in possession, or do not possess drugs alleged to be for sale, we will fight your charges to the fullest extent. We also make it our priority to show the court you are more than your charges. You are a person in a difficult situation who reached this point in your life through circumstances that need to be taken into consideration. Is the person using illegal drugs due to the pain of being a victim of abuse? Were scheduled pharmaceuticals overprescribed for a legitimate medical condition, resulting in dependence? As always, the sooner you hire representation, the greater chances of a positive outcome for your case:
- Dismissed or reduced charges in plea bargaining
- Court ordered rehabilitation instead of jail
- Winning a jury trial
- Deferred Entry of Judgment or Prop 36
Get an Experienced San Jose Drug Lawyer
To discuss your case, please call or email San Jose Drug Attorney Maureen Baldwin right away.
