Relentless Warriors for Your Drug Defense

Our defense attorneys at THOMPSON · GARCIA LAW have been defending individuals against allegations of drug offenses for more than 60 years. We will ensure your rights are protected as we build a solid defense for your case. Our efforts are focused on getting your drug case dismissed. However, if necessary, we can negotiate with prosecutors to pursue reduced criminal charges. If you have been under investigation or arrested and charged with any drug-related violation, call our experienced drug crime lawyers. Schedule online or call (510) 782-7580 to discuss your case.

Tackling the Rise in Drug Criminal Charges

Illegal drug use is on the rise, prompting law enforcement to increase efforts in tackling drug-related crimes. These can range from possession of controlled substances and driving under the influence to substantial drug racketeering cases. Simultaneously, gang activity is being actively pursued and penalized at the state level through California Penal Codes like 186.22 (the California Street Terrorism Enforcement and Prevention Act) and 186-186.8 (the California Control of Profits of Organized Crime Act). 

Both acts make it illegal to participate in a street gang, assist in any felony criminal conduct by gang members, and profit from organized crime. Violations can lead to penalties ranging from a year in county jail to three years in state prison, forfeiture of illegally gained profits, and additional jail time. Navigating through such offenses necessitates a partnership with an experienced criminal law firm capable of constructing an unyielding defense regardless of the offense level in both drug and gang-related cases. Trust Thompson • Garcia Law to get the job done right. 

If you have been arrested for a drug crime in California, contact a criminal defense attorney as soon as possible. With a knowledgeable attorney, you can notice details that could help your defense. Our firm has 60-plus years of legal experience, resulting in favorable case results. We limit our practice exclusively to criminal defense law. We can help you if you are facing allegations for:

How We Defend on Your Behalf Against Drug Charges

While a repeat offender will face harsher penalties than a first-time offender, a drug charge can be dismissed or reduced depending on the facts of your case. In any case, our attorneys use reliable defense strategies tailored to meet your legal needs. Our plan for defending against drug charges is to find out if there is a factual or legal defense, such as suppression. We also pursue pretrial or diversion programs, such as Prop 36, to mitigate your risk of incarceration.

The federal drug crime cases we have worked on are generally more severe because federal penalties usually carry increased mandatory minimum sentences. The conviction rate for federal drug crimes is above 90 percent. In addition, over half of those convicted are sentenced to three years or longer. For these reasons, our team will construct a defense that can factor in various matters, such as a conspiracy defense, illegal search and seizure, and entrapment defenses. 

What is the STEP Act?

Note that the STEP Act also introduces a street gang sentencing enhancement where any individual convicted of a California crime related to gang activity will receive a sentencing enhancement of an additional 2, 15, or even 25 years to life if the following is shown:

Aside from gang involvement, the prosecutor must also prove all the elements of the underlying crime for which the defendant is being charged. Note: the defendant does not need to be active in the gang at the time of the offense to be charged under this law.

At THOMPSON · GARCIA LAW, we are passionate about fighting for our clients' constitutional rights, especially when they are facing unfairly harsh criminal accusations against them. As confident trial attorneys representing California, we are deeply knowledgeable about the state's criminal justice system, informed by over 69 years of professional experience. Gang-related crimes can be prosecuted at both the state and the federal level, so you will need a seasoned trial attorney to defend your side in a potentially tough courtroom.

Gang-related laws also exist at the federal level under a variety of statutes. The federal Criminal Street Gangs statute, 18 USC 521, establishes that an individual is guilty of participating in a criminal street gang if they are a member of a group of 5 or more people and the group commits acts in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) or the Violent Crimes in Aid of Racketeering Act (VICAR). 

RICO prohibits individuals from committing or conspiring to commit two or more crimes of a specific type (e.g., embezzlement, drug trafficking, kidnapping, arson) to further the gang's activities. The penalties for violation of RICO could include up to 20 years or, in severe cases, life in prison, as well as forfeiture of any illegally gained profits and a fine of up to $250,000.

VICAR criminalizes individuals who commit violent crimes to gain admission into or advance their position in a criminal enterprise or street gang. The consequences of violating VICAR can be up to $250,000 in fines and up to 30 years in prison or, for crimes of murder, life imprisonment. 

The Continuing Criminal Enterprise statute (CCE) further penalizes individuals who lead a drug enterprise or kill someone while engaging in or avoiding arrest for certain drug crimes. Note that this law only covers major narcotics organizations. Penalties for violating CCE include at least 20 years to life in prison, as well as the forfeiture of profits and up to $4,000,000 in fines for individuals or $10,000,000 for organizations. Be aware that the penalties imposed by RICO, VICAR, and CCR are in addition to each other and to the penalties issued for the underlying crimes. 

The consequences can be life-altering if you've been charged with drug possession in the Bay Area or face accusations of gang-related activity. From fines and deportation to even a lifetime in prison, you're up against severe penalties. But don't let these charges define your future. Our skilled attorneys at THOMPSON · GARCIA LAW are here to champion your defense, mitigate risk, and fight against critical errors in drug and gang-related offenses. We provide comprehensive representation for individuals dealing with various state and federal drug charges, including defending immigrants against drug charges that could result in deportation. We also assertively challenge gang accusations, even those suggesting passive gang involvement or disputing the gang's impact on interstate or foreign commerce. We're here 24 hours a day to protect your best interests and strategize the best defense for your situation. Spanish-speaking assistance is available. Contact us online or call our office at (510) 757-1878 for a free and private consultation. Don't face these challenges alone - let us be your advocate.