Best Drug Crime Lawyers in Burlingame

About Drug Crime Law in Burlingame, United States

Drug crime law in Burlingame, California, falls under both state and federal jurisdiction. This area of law covers offenses involving illegal substances, such as possession, distribution, manufacturing, and trafficking of drugs. Burlingame, being part of San Mateo County, enforces California state drug laws, which are often strict and carry significant consequences. Even minor drug offenses can affect your reputation, employment, and future opportunities. Understanding the local legal landscape is essential if you are facing drug-related charges in Burlingame.

Why You May Need a Lawyer

Hiring an attorney is crucial when facing drug crime allegations, as the stakes can be very high. Common situations where legal help is recommended include:

• If you have been arrested or charged with possession of illegal substances.
• If you are suspected of intent to distribute, manufacture, or traffic drugs.
• If law enforcement conducted a search of your property or vehicle.
• If you believe your rights were violated during an arrest, search, or questioning.
• If you are dealing with federal drug charges, which are often more severe.
• If you are a minor or first-time offender seeking alternatives to incarceration, such as diversion programs.
• If you want to clear or reduce past offenses that may be eligible for expungement under California law.

An experienced lawyer can evaluate your case, protect your rights, negotiate with prosecutors, and provide guidance throughout the complex legal process.

Local Laws Overview

California law, as enforced in Burlingame, distinguishes between various categories of drug offenses:

• Simple Possession: This usually refers to having a small amount of a controlled substance for personal use. Some drug possessions are classified as misdemeanors, while others, especially those involving substances like methamphetamine or cocaine, can be felonies.
• Possession With Intent to Sell: If there is evidence suggesting drugs were not for personal use, such as large quantities, packaging materials, or large amounts of cash, charges may be elevated to intent to sell. This is a felony under California Health and Safety Code.
• Marijuana Laws: While recreational marijuana is legal for adults aged 21 and over in California, there are limits on quantity, age, and where it can be consumed. Unauthorized sale, transportation, or possession over the legal amount is still prohibited.
• Prescription Drugs: It is illegal to possess, use, or distribute prescription medications without a valid prescription.
• Penalties: Penalties range from fines and probation to years of imprisonment, depending on the type and quantity of substance, prior convictions, and other circumstances.
• Diversion Programs: First-time and nonviolent offenders may qualify for drug diversion programs that focus on treatment instead of jail time. Completion can sometimes result in dismissed charges.
• Expungement: Under certain conditions, individuals may petition to have some drug-related convictions expunged from their records.

Frequently Asked Questions

What should I do if I am arrested for a drug crime in Burlingame?

Remain silent and request to speak to an attorney immediately. Do not answer questions or consent to searches without your lawyer present.

Are all drug offenses felonies in Burlingame?

No, some drug offenses are misdemeanors while others are felonies. The classification depends on the type of drug, quantity, and circumstances of the offense.

Is marijuana possession still illegal in Burlingame?

Adults 21 and older can legally possess up to one ounce of cannabis. Possession by minors, possession over the legal amount, and unauthorized sale or distribution remain illegal.

Can I be charged if drugs are found in my car but they do not belong to me?

You can still be charged if drugs are under your control or in your vehicle, even if you claim they are not yours. An attorney can help argue your case based on the facts.

What are the penalties for drug possession in Burlingame?

Penalties vary, ranging from fines and probation to incarceration. Factors include the drug type, amount, prior convictions, and intent to sell or distribute.

Are there alternatives to jail for first-time drug offenders?

Yes. Many first-time and nonviolent offenders may qualify for drug diversion or treatment programs, which can sometimes lead to dropped or reduced charges upon completion.

Can a drug conviction be removed from my record?

Some drug convictions may be eligible for expungement under California law. The process is complex and a lawyer can help determine eligibility.

Will a drug conviction affect my job or immigration status?

Yes. Drug convictions can impact employment opportunities and may have serious consequences for non-citizens, including deportation or denial of entry.

What if law enforcement conducted an illegal search?

If your rights were violated during a search or arrest, evidence may be excluded from court. A lawyer can review your case and file motions to suppress unlawfully obtained evidence.

Should I plead guilty to resolve my drug charge quickly?

Always consult a lawyer before pleading guilty. There may be defenses available or options for reduced penalties. Pleading guilty without legal guidance can have long-term negative effects.

Additional Resources

• San Mateo County Public Defender's Office - Provides legal representation for those unable to afford an attorney.
• San Mateo County Superior Court - Handles criminal proceedings for drug offenses in Burlingame.
• California Department of Justice - Information on state drug laws and criminal records.
• National Institute on Drug Abuse (NIDA) - Offers information on drug abuse, treatment resources, and research.
• Local drug treatment centers and diversion programs available through San Mateo County Health.

Next Steps

If you are facing drug crime allegations in Burlingame, seek legal help as soon as possible. Start by gathering all relevant documents, such as police reports, court notices, and bail information. Do not discuss your case with anyone except your attorney. Consider contacting a local criminal defense lawyer who specializes in drug crimes to schedule a confidential consultation. Explore all options, including diversion programs, and follow your lawyer's advice throughout the process. Staying informed and getting professional guidance can greatly improve your chances of a favorable outcome.