Do you need a Criminal Defense Attorney in Fresno? If you have been arrested or charged with drug crimes, it is essential to obtain legal council for help right away.
What are Drug Crimes?
Drug crimes range anywhere from possession to drug trafficking, so the legal defenses and penalties vary greatly.
Drug crimes include:
- Possession
- Possession for sale
- Manufacturing
- Under the influence
- DUI
- Cultivating, selling, or possessing more than the allowed amount of marijuana
Penalties for Drug Crimes
A drug crime, depending on what type of crime, can be a misdemeanor or a felony. The penalties vary but usually include imprisonment, thousands of dollars in fines, and probation. More significant cases can be prosecuted in Federal Court with much more severe punishment.
The severity of your punishment is dependent on several factors at the time of possession.
- Types of illegal drugs and controlled substances
- Amounts of illegal drugs
- Possession of controlled substances
- Whether or not you manufactured the illegal drugs
- If you distributed or had intent to distribute or traffic the drugs
- If you fraudulently obtained the drugs without a prescription
- If you’ve committed any other drug offenses
Testimonials
“My husband and I have really had our ups and downs these past four years and it was helpful to watch your poignant YouTube video a few months ago where you described a story about never wanting to leave your clients behind. We appreciate that, believe me, as this whole journey has been unbelievably hard. Thank you for your continued support as we approach what will hopefully be the final chapter of my husband’s journey. I am hoping for the best of all outcomes.”
“After the first meeting with Mark, I knew we were in the right place. Mark was able to get answers and call all the right people to protect my child. We would never deal with the criminal justice system again with out Mark Broughton at our side. We are very thankful we found him and the matter with our son went away quickly.”
“Mr. Broughton is top notch. My son was facing a felony, strike charge. Mr. Broughton fought for my son’s pre-trial release against the recommendation of the probation department, and my son was able to come home. Today, the case was resolved and the outcome was minor in comparison to the charge. I highly recommend Mark Broughton!”
“He is an amazing lawyer, I had a near impossible felony case and he helped me bring it down to a misdemeanor. Amazing personality and a kind human being!”
“I highly recommend Mark Broughton. His expertise, professionalism, and empathy in our complex case gave us the feeling of confidence. I cannot begin to show or say how much we are grateful to you. Mark Broughton, you are truly an Angel in disguise. Again Thank You!”
“I was charged with 2 felonies and was at risk of jail time, losing my job and my children, basically my entire life. Mark worked closely with me and… I was able to plead no contest to 1 misdemeanor.”
“I am forever grateful for what Mark has done for my me and my family.”
“Thank you Mark… for the excellent work you all did on my son’s cases and the on-going support you all showed my family and myself through this very difficult time in our lives.”
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KAREN
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Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Schedule 1 Drugs
The most serious criminal drug charges include the following:
- Heroin
- Cocaine
- LSD
- Ecstasy
Schedule 1 drugs carry a high tendency for abuse. They also carry a high risk for psychological and physical dependence.
Pharmacies are forbidden to sell them. Even though some states in the U.S. allow marijuana dispensaries, it’s still classified by the federal government as a Schedule 1 drug.
If you attempt to profit by selling Schedule 1 drugs, then you face significant penalties and jail time. Because that’s classified as trafficking.
If you abuse Schedule 1 drugs, then you can also be sentenced to a rehabilitation facility.
Schedule 2 Drugs
- Opiates
- Narcotics (for example, oxycodone)
Schedule 2 drugs carry a high tendency for abuse. They also carry a high risk for psychological and physical dependence.
If you attempt to profit by selling Schedule 2 drugs, then you face significant penalties and jail time.
If you abuse Schedule 2 drugs, then you can also be sentenced to a rehabilitation facility.
Schedule 3 Drugs
- Drugs containing more than 90 milligrams of Codeine per dosage (for example, Tylenol with Codeine).
- Steroids
While Schedule 3 drugs have the potential for abuse, the risk is lower than Schedule 1 or 2 drugs. They may carry moderate or low psychological and physical dependence. And can be prescribed by either pharmacists or doctors.
Schedule 4 Drugs
- Xanax
- Clonazepam
Schedule 4 drugs have a low potential for abuse. They may carry low risk for psychological and physical dependence. Schedule 4 drugs can also be prescribed by either pharmacists or doctors.
Schedule 5 Drugs
The least serious criminal drug crime charges are cough medicines containing less than 200 milligrams of codeine per 100 milliliters of product (for example, Robitussin and Phenergan with Codeine).
Schedule 5 drugs have a low potential for abuse. They may carry low risk for psychological and physical dependence. They are typically prescribed in low quantities.
Finally, Schedule 5 drugs can be prescribed by either pharmacists or doctors.
A complete list of the schedules is published and updated annually: Title 21 Code of Federal Regulations (C.F.R.) §§1308.11 through 1308.15.
What to Do if You Receive Criminal Drug Charges
Keep in mind. Drug possession and possession of a controlled substance doesn’t always mean the drugs are found on your person. You can be charged with Constructive Possession. For example, if a joint is in your ashtray. Or drugs are in the trunk, in which case everyone in the car can be charged. You can also be charged if you are found in possession of any drug paraphernalia.
Additionally, remember that law enforcement can administer a drug test based on suspicion alone.
Choose a drug charges lawyer who both can and will explain the penalties you face. You’ll definitely want to review all of your options.
Legal Defenses for Drug Crimes
Many drug crime violations are a result of an illegal search or seizure by the police. An illegal search or seizure occurs when:
- You or your property are searched without a valid California search warrant
- The search area was exceeded – for example, they only had a warrant to search your person, not your home
- You were detained and searched unlawfully without probably cause
Police misconduct can include planting evidence, lying about where they found a controlled substance, lying about the probable cause that led to the search and arrest, using excessive force to get a confession.
Sometimes undercover police will coerce or harass someone to get them to do something that they otherwise wouldn’t have done. In order to use this as a defense, the coercion and harassment have to be at a level that would be hard for a reasonable person to refuse.
Perhaps you had drugs planted on you without you knowing. You have to have known that you had drugs on your person to be guilty of drug crimes.
Have you been legally accused of committing drug crimes? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.
Your Defense Attorney for Drug Crimes
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, Federal Drug Charges, Drug Manufacturing, Transportation/Distribution of Methamphetamine, and Possession for Sale to name a few.
Your Defense Attorney for Drug Crimes
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, Federal Drug Charges, Drug Manufacturing, Transportation/Distribution of Methamphetamine, and Possession for Sale to name a few.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
Other Qualifications:
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
Practice Areas
Drug Charges FAQ
Choosing a criminal defense lawyer to represent you and help you fight the criminal charges you’re facing is an important decision that may affect the outcome of your case. It’s best if the criminal defense lawyer you choose is local, with experience in your local courthouse and the local officials and procedures. It’s also best to choose a criminal defense lawyer with experience representing others who faced the same or similar charges that you’re facing. Additionally, you want to choose a lawyer who sees you as a person, not a case, and who will fight for you.
The best criminal lawyer in Fresno for you and the situation you’re in is someone who has dealt with the same or similar charges that you’re facing and who is willing to fight for you to the fullest extent of the law. The best criminal lawyer in Fresno will be a certified Criminal Law Specialist with decades of experience handling cases like yours. The best criminal lawyer in Fresno is someone you can trust to be honest with you about your case, your options, and with getting you the best outcome possible. Mark Broughton is widely considered one of the best criminal lawyers in Fresno. He just may be the best for you, too.
A private practice criminal defense lawyer will have more time for your case than a public defender because they take on fewer cases. Public defenders often have more cases than they can handle, and yours would be just one more added to the load. Public defenders also will get assigned more cases in the future, regardless of the outcome of your case. A private practice criminal defense lawyer, on the other hand, is putting their reputation for future business on the line with how they handle your case. If they do a poor job, their business will suffer. So, it’s in their best interest, as well as yours, for them to do the best job possible in defending you.
An Avvo Rating speaks to a lawyer’s background but does not evaluate their knowledge of the law, past performance on individual cases, personality, or communication skills. The rating is based on information the lawyer has provided on their Avvo profile plus other information collected from state bar associations and other organizations that license and govern legal professionals. The Avvo Rating is a place to start and may even be a tool to use when determining which lawyers to reach out to and interview. However, more important than a good Avvo rating is the lawyer’s experience with your type of case and how they treat you. That’s something a number just can’t express.
Criminal defense lawyers are people who, as lawyers, are held to high ethical standards. In fact, the State Bar of California document outlining the California Rules of Professional Conduct for lawyers is 69 pages long. Those who engage in professional misconduct face disciplinary actions and consequences. You can check an individual lawyer’s history by doing an Attorney Search, which will show any discipline or administrative actions as well as their license status and any certified legal specialties.
When you hire a criminal defense lawyer, you can expect to receive the benefit of their experience and expertise with criminal legal proceedings. Your lawyer will look at all the details of your case, form a strategy for fighting the charges against you, and speak for you to help you obtain the best possible outcome. You can expect your criminal defense lawyer to consider all the legal defenses for the charges you’re facing and explain all of your options. You should expect them to be ethical and honest with you, and for them to treat you with compassion and respect. You’ll get all of this when you hire Mark Broughton as your criminal defense lawyer, and you should accept no less from anyone else.
A defense lawyer’s skill and trial experience contribute to how often they “win” their court cases. Mark Broughton once won 4 or 5 murder trials in a row, and the next one was dismissed by the District Attorney on the opening day of the trial. This is extremely rare, even for a very skilled and experienced criminal defense lawyer like Mark Broughton. But a “win” isn’t always an acquittal. Some of the best “wins” are settlements. Some cases are “won” by getting a good sentencing result. Some are “wins” even though there is a guilty verdict but it’s to a lesser charge than what the prosecution was going for (for example, voluntary manslaughter instead of a murder charge, or simple sexual battery instead of a rape charge).
The highest drug charge would be federal felony charges (such as drug trafficking) involving the most serious classification of drugs (Schedule 1 Drugs like heroin, cocaine, LSD, and Ecstasy).
Most drug charges involve the possession, manufacturing, or trafficking of controlled, illegal substances. A drug crime can be any violation of a state or federal law that directly involves drugs or an offense committed under the influence or in pursuit of drugs.
The most common types of drug crimes include possession, possession for sale, manufacturing/cultivating, trafficking, and being under the influence (including but not limited to DUI).
Drug possession is “the crime of willfully possessing illegal controlled substances” or prescription drugs without a proper prescription. The elements of possession include physical control, intention to possess, knowledge of possession, and exclusive control.
Additionally, there are three types of possession: Actual Possession, Constructive Possession, and Joint Possession.
Drug crime charges can vary between misdemeanor and felony, and they can be charged in state or federal court. The type of drug also can affect the charges, with the more serious Schedule 1 drugs like heroin or cocaine bringing more serious charges than Schedule 3 drugs like Tylenol with Codeine or steroids.
