Drug Charges

Placer County Drug Crime Defense Attorney

Tiemann Defense – Aggressive Representation in Roseville, Lincoln, Auburn & Rocklin

If you or a loved one has been arrested for a drug offense in Placer County, you need experienced, strategic legal representation immediately. Drug charges can carry jail or prison time, felony records, asset forfeiture, and serious immigration consequences.
Tiemann Defense represents clients throughout Placer County, including Roseville, Lincoln, Auburn, and Rocklin.
📍 Office: 209 Harding Blvd. Suite 7, Roseville, CA 95678
📞 Call Now: 916.939.3900

California Drug Charges: Overview
California drug crimes are primarily prosecuted under the Health & Safety Code (HS).

Charges depend on:
• Type of substance
• Quantity
• Intent (personal use vs. sales)
• Criminal history
• Cash, packaging, or other sales indicators

Below is a breakdown of common charges and defenses.

Simple Possession (HS 11350, HS 11377)
Elements of the Crime

To convict for simple possession, the prosecution must prove:
1. You unlawfully possessed a controlled substance
2. You knew of its presence
3. You knew of its nature as a controlled substance
4. The substance was in a usable amount

Penalties
Simple possession is generally a misdemeanor. However, under changes associated with Proposition 36, possession may be charged or punished more severely if the defendant has qualifying prior convictions. Certain repeat offenders may face felony exposure depending on record and circumstances. This really becomes a problem if a person has prior strikes because now the person is potentially looking at prison. Any drug case will have a significant impact on a person’s immigration status.

Possession for Sale (HS 11351, HS 11378)
Elements
The prosecution must prove:
1. You possessed a controlled substance
2. You knew of its presence
3. You knew it was a controlled substance
4. You intended to sell it

Intent is often inferred from:
• Quantity
• Scales or packaging materials
• Large amounts of cash
• Text messages
• Pay/owe sheets

Penalties
Possession for sale is typically a felony and may result in:
• County jail or state prison
• Formal felony probation
• Significant fines
• Immigration consequences

Transportation or Sales (HS 11352, HS 11379)
To convict, prosecutors must prove you transported, sold, furnished, or gave away a controlled substance with knowledge of its nature.
Transportation for sale is generally a felony and carries significant sentencing exposure.

Maintaining a Drug House – HS 11366.5
HS 11366.5 makes it illegal to maintain a location for the purpose of storing, distributing, or manufacturing controlled substances. This charge is common in:
• Alleged stash house cases
• Grow operations
• Organized distribution investigations
It is typically charged as a felony.

Enhancements for Large Quantities of Drugs or Money
Drug cases may include sentence enhancements if large quantities are involved.

Enhancements may apply when:
• Drugs exceed statutory weight thresholds
• Large sums of drug-related cash are seized
• Evidence suggests organized distribution

These enhancements can substantially increase prison exposure and fines.

1275 Holds at Arraignment
In drug sales cases, courts may impose a 1275 hold at arraignment if there is suspicion that bail money is derived from illegal drug proceeds.
A 1275 hold requires:
• A hearing
• Proof that bail funds come from a legitimate source
• Court approval before release

Without immediate legal action, a defendant will remain in custody until it can be shown that the proceeds used for bail come from a legal financial source.

Drug Diversion and Treatment Alternatives

Avoiding a conviction is often possible in possession cases.

Penal Code 1000 (PC 1000) Drug Diversion
PC 1000 allows eligible defendants charged with simple possession to enter:
• Drug education
• Treatment programs
• Supervised diversion

Upon successful completion, the case may be dismissed.
Generally, sales and transportation for sale cases are excluded from PC 1000 eligibility.

Proposition 36 Drug Treatment Diversion
Proposition 36 allows qualifying non-violent drug possession defendants to receive treatment instead of incarceration.
Benefits include:
• Court-supervised treatment
• Avoidance of jail
• Potential dismissal at the end of the program
Sales-related offenses are typically not eligible.

Drug Treatment Court – Sales Cases Excluded
In Placer County Superior Court, Drug Treatment Court is designed for individuals struggling with substance abuse who are charged with non-violent possession offenses.
However:
• Drug sales cases are excluded
• Transportation for sale cases are generally excluded
• Defendants with significant disqualifying priors may be excluded

Drug Treatment Court involves
• Intensive supervision
• Frequent court appearances
• Random testing
• Structured treatment programs

Successful completion may result in reduced charges or dismissal depending on the case structure.
An experienced defense attorney can advocate for eligibility and suitability where appropriate.

Suppression Motions in Drug Cases
Many drug cases turn on Fourth Amendment issues.
A suppression motion may challenge:
• Illegal traffic stops
• Unlawful vehicle searches
• Invalid search warrants
• Improper probation searches
• Detentions without reasonable suspicion
If evidence is suppressed, the prosecution may be unable to proceed and the case gets dismissed.

Common Drug Crime Defenses
Tiemann Defense evaluates every possible defense, including:
• Lack of knowledge
• No intent to sell
• Illegal search and seizure
• Constructive possession challenges
• Entrapment
• Lab analysis errors
• Chain of custody issues

Early investigation is critical to protecting your rights.

Why Choose Tiemann Defense?
• Focused criminal defense practice
• Strong motion and suppression litigation
• Deep familiarity with Placer County courts
• Strategic negotiation in felony drug cases
• Experience with diversion and treatment alternatives

Every case requires a tailored strategy.

Call a Placer County Drug Defense Lawyer Today
If you are facing drug charges in Roseville, Lincoln, Auburn, or Rocklin, do not delay.
📞 Call 916.939.3900
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678
Tiemann Defense – Protecting Your Freedom. Defending Your Future.