Sacramento Drug Crime Attorney

Arrested On A Drug Charge In The Sacramento Area

A drug arrest can turn your life upside down in a single night. You may be worried about jail, your job, and what a criminal record could mean for your future. If your case is filed at Sacramento County Superior Court, you will be facing prosecutors who handle drug cases every day.

At Walsh Law, we focus exclusively on criminal defense. Our firm is led by Chris Walsh, a former Chief Assistant District Attorney with more than 19 years of criminal law experience and over 100 jury trials. We represent good people who, on occasion, find themselves on the wrong side of the law and need a steady hand.

Contact our firm today at (916) 610-3558 to schedule a free consultation.

Common Types of Drug Crimes in Sacramento

In California, drug offenses are primarily governed by the Health and Safety Code (HSC). The severity of the charge often depends on the type of substance, the quantity involved, and whether the state believes you intended to sell the drugs.

Possession of a Controlled Substance (HSC §11350 & §11377)

Simple possession for personal use is one of the most common charges. This includes "hard drugs" like cocaine, heroin, and methamphetamine, as well as prescription medications obtained without a valid script (such as OxyContin or Xanax). While Proposition 47 reclassified many of these as misdemeanors, recent legislative shifts under Proposition 36 (2024/2025) have introduced "treatment-mandated felonies" for repeat offenders.

Possession for Sale (HSC §11351 & §11378)

If law enforcement finds evidence of "indicia of sale"—such as scales, large amounts of cash, or individual packaging—you may be charged with possession with the intent to sell. Unlike simple possession, these are strictly felony offenses and are generally ineligible for standard diversion programs.

Sale or Transportation of a Controlled Substance (HSC §11352 & §11379)

These charges involve the actual sale, furnishing, or moving of drugs for the purpose of distribution. Due to the high potential for prison time, especially in cases involving fentanyl or large-scale trafficking, having an experienced Sacramento drug crime lawyer is essential.

Manufacturing and Cultivation

This involves the production of controlled substances, such as operating a honey oil lab or large-scale unauthorized cannabis cultivation. These cases often involve environmental "aggravators" that can lead to enhanced sentencing.

Penalties for Drug Crimes in California

The penalties for a drug conviction vary wildly based on your criminal history and the specifics of the arrest.

Note: Under 2026 guidelines, repeat offenders of "hard drug" possession may now face felony "wobbler" charges under the updated Proposition 36 framework.

Legal Defense to Drug Crimes

Just because drugs were found does not mean the prosecution has a "slam dunk" case. At Walsh Law, we meticulously review every detail of your arrest to identify weaknesses in the state’s case.

Unlawful Search and Seizure

The Fourth Amendment protects you against unreasonable searches. If Sacramento police searched your car, home, or person without a valid warrant or probable cause, the evidence they found may be suppressed and your case dismissed.

Lack of Knowledge or Control

To convict you of possession, the prosecutor must prove you knew the drug was there and knew it was a controlled substance. If the drugs belonged to someone else in a shared vehicle or residence, we can argue a lack of "constructive possession."

Entrapment

If law enforcement used overbearing or illegal tactics to pressure you into committing a crime you otherwise wouldn't have committed, an entrapment defense may be applicable.

Valid Prescription

For charges involving painkillers or sedatives, proving you had a lawful prescription from a medical professional at the time of the arrest is a complete defense.

Drug Diversion Programs: A Path to Dismissal

In many cases, the best strategy is to move the case out of the criminal justice system and into a treatment-focused program.

• PC 1000 (Pretrial Diversion): Typically for first-time offenders. If you complete a drug education program, the charges are dismissed without you ever having to enter a guilty plea.
• Proposition 36 (Court-Ordered Treatment): Available for non-violent possession offenses. While it requires a plea, successful completion of the treatment program allows you to petition for the conviction to be expunged.

Drug Crime FAQs

Will I go to jail for my first drug offense in Sacramento?

Not necessarily. For simple possession, many first-time offenders qualify for diversion programs like PC 1000, which allow you to avoid jail time and keep your record clean.

What is a "treatment-mandated felony" under the new laws?

As of the 2024-2025 legal updates (Proposition 36), if you have two or more prior drug convictions, a third arrest for possession of "hard drugs" like fentanyl or meth can be charged as a felony that mandates treatment instead of just a misdemeanor.

Can a lawyer get my drug charges reduced?

Yes. A skilled attorney can often negotiate a "plea bargain" to reduce a felony (like possession for sale) to a misdemeanor (simple possession), significantly lessening the long-term impact on your life.

Do I have to let the police search my car if they pull me over?

You have the right to refuse a search. Unless the officer has a warrant, your consent, or "probable cause" (such as seeing drugs in plain view), they generally cannot search your vehicle. Always remain polite, but clearly state, "I do not consent to a search."

Why Choose Walsh Law

When your freedom and record are on the line, the lawyer you choose matters. Many firms handle a high volume of files and move cases along with minimal investigation. We take a different approach and deliberately limit our caseload so that every person we represent receives the dedicated attention their situation deserves.

Our firm is led by Chris Walsh, a former Chief Assistant District Attorney in Nevada County and former deputy district attorney in Kings, Fresno, and Santa Clara counties. Over nearly two decades in criminal law, he has personally tried more than 100 jury trials, including high profile and complex cases such as homicides and other serious felonies. That experience means we understand what evidence persuades judges and juries and what tends to fall apart under scrutiny.

Because Chris spent years as a prosecutor, we know how the other side builds drug cases, evaluates offers, and prepares for trial. He was twice selected as Prosecutor of the Year in Fresno County and nominated for Trial Attorney of the Year in Santa Clara County. Today, we use that background to look at your charges from both angles and to identify weaknesses that might not be obvious at first glance.

Walsh Law focuses exclusively on criminal defense and nothing else. Our team is recognized in criminal law circles, including membership in Lawyers of Distinction in Criminal Law and as one of the Top 100 Trial Lawyers. For someone seeking a drug crime lawyer in Sacramento, that focus translates into a defense team that works smart and hard, keeps its attention on the details that matter most, and presses on even when the case becomes difficult.

To discuss your situation confidentially with our team, call (916) 610-3558.