Drug charges can upend your entire life — but an arrest is not a conviction.
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The single most important question in nearly every drug case is this: did the police have the legal right to search you, your vehicle, or your home in the first place? The Fourth Amendment to the United States Constitution protects every person — regardless of guilt or innocence — from unreasonable searches and seizures. If the police violated that protection, the evidence they found cannot be used against you. No evidence, no case.
Law enforcement in San Bernardino County aggressively pursues drug arrests, and officers sometimes cut corners. They conduct traffic stops without genuine probable cause. They search vehicles based on vague claims of smelling marijuana. They execute search warrants that are overbroad or based on unreliable informants. They conduct warrantless searches justified by "consent" they pressured you into giving. Every one of these situations creates a viable suppression argument.
At The Smalls Firm, we have spent 20 years dismantling drug cases in San Bernardino County courts. We know how local narcotics officers operate, we know the case law, and we know exactly how to turn a prosecutor's confidence into doubt. Whether you are facing simple possession or large-scale trafficking charges, your case deserves the same aggressive, meticulous defense.
Beyond suppression, California's drug laws offer significant opportunities for diversion programs, treatment alternatives, and charge reductions — options that most people sitting in a holding cell don't know exist. We explore every path to the best possible outcome for your specific situation.
The most damaging evidence in drug cases is often what the defendant said to police. You have an absolute constitutional right to remain silent. Exercise it immediately and call (909) 501-6882. Everything you say can — and will — be used against you. Anything you say trying to explain the situation will only make our job harder. Stay quiet. Call us.
Drug cases are won or lost on constitutional grounds, scientific challenges, and the credibility of informants and officers. We attack every layer of the prosecution's case.
The bedrock of most drug defenses. If police searched you, your vehicle, or your home without a valid warrant, valid consent, or a recognized exception to the warrant requirement, the evidence they found is inadmissible. We file motions to suppress and force the government to prove every element of the search was constitutionally valid. Judges in San Bernardino County take these motions seriously, and a successful suppression motion can end a case before it ever reaches trial.
Even when police obtain a warrant, that warrant may be fatally flawed. We scrutinize the affidavit used to obtain the warrant for false statements, material omissions, and reliance on unverified informant tips. Under the Franks doctrine, if an officer made deliberate or reckless misrepresentations in the warrant affidavit, the warrant can be invalidated and the evidence suppressed. We request all underlying warrant materials and put every officer's sworn statements to the test.
Prosecutors frequently charge everyone in a vehicle or home when drugs are found, relying on "constructive possession" — the theory that you had control over drugs even if they weren't on your person. This requires proof that you knew the drugs were present and had the ability and intent to control them. When multiple people share a space, this becomes a genuinely difficult element to prove, and we challenge it aggressively with careful analysis of the physical evidence.
The prosecution must prove that the substance seized was actually an illegal drug and that it was properly handled from seizure through lab testing. We demand full chain of custody documentation and scrutinize lab procedures for contamination, mislabeling, and improper testing protocols. We also retain independent forensic experts when necessary to challenge government lab findings. A break anywhere in the chain creates reasonable doubt about the integrity of the evidence.
Many drug investigations begin with information from confidential informants — people who are often providing tips in exchange for reduced sentences on their own charges. We demand disclosure of the informant's identity and history when constitutionally required, and we investigate whether the informant has a track record of unreliability, prior false tips, or a personal motive to lie about your involvement. Juries are skeptical of informant testimony when its true nature is exposed.
California law provides several pathways to avoid a drug conviction entirely for eligible defendants. Proposition 36 allows first and second-time nonviolent drug offenders to receive treatment instead of jail. PC 1000 deferred entry of judgment allows eligible defendants to complete a drug education program and have charges dismissed. Drug court offers supervised treatment with the possibility of dismissal upon completion. We identify every alternative sentencing option available in your case and fight to secure the best possible outcome.
Under California Health & Safety Code 11350, simple possession of a controlled substance — heroin, cocaine, methamphetamine, prescription drugs without a valid prescription — is a felony. However, thanks to Proposition 47, possession of most controlled substances for personal use is now a misdemeanor, punishable by up to one year in county jail.
This is also one of the most defensible charges. Suppression of an unlawful search, challenges to constructive possession, and diversion program eligibility all create meaningful paths to avoiding a conviction. Many first-time possession defendants qualify for PC 1000 deferred entry of judgment, which results in dismissal upon successful completion.
Health & Safety Code 11351 — possession for sale — is charged when the government believes you intended to sell or distribute the drugs, not just use them personally. Prosecutors use quantity, packaging, scales, text messages, cash, and the presence of multiple bags or bindles as circumstantial evidence of intent to sell. The difference between simple possession and possession for sale is enormous in terms of penalties — from a misdemeanor to a felony carrying 2 to 4 years in state prison.
We challenge the inference of sales intent by attacking each piece of circumstantial evidence individually. Large quantities can be explained by bulk purchasing for personal use. Cash can have innocent explanations. Packaging can be contested. Prosecutors must prove intent beyond a reasonable doubt — and we hold them to that standard.
Health & Safety Code 11352 makes it a felony to transport, import, sell, or distribute controlled substances. This charge carries 3 to 9 years in state prison, with enhancements if the transportation crossed county lines or involved large quantities. Federal trafficking charges under 21 U.S.C. 841 carry mandatory minimum sentences that can reach 10 years or more.
These are among the most aggressively prosecuted drug charges in San Bernardino County. Law enforcement frequently uses wiretaps, surveillance, and confidential informants in trafficking investigations. We examine the legality of every surveillance technique used and challenge the government's case at every turn.
San Bernardino County has one of the highest rates of methamphetamine-related arrests in California. Possession of methamphetamine, possession for sale, and manufacturing are all serious felonies. Manufacturing charges under Health & Safety Code 11379.6 carry 3 to 7 years in state prison and additional enhancements for lab operations near schools, residences, or other locations.
Meth cases often involve complex search and seizure issues, particularly in the context of vehicle stops and residential searches. We scrutinize every aspect of the investigation — from the initial tip or traffic stop through the search, seizure, and lab analysis — for constitutional violations that can result in suppression or dismissal.
Despite California's legalization of recreational marijuana under Proposition 64, marijuana-related charges remain active in San Bernardino County. Possession of more than 28.5 grams, possession with intent to sell without a license, and unlicensed cultivation and distribution are all still illegal. Additionally, federal law still classifies marijuana as a Schedule I controlled substance, creating serious risk for those involved in larger operations.
Proposition 64 also created retroactive relief opportunities for people with prior marijuana convictions. We assist clients in seeking reclassification and dismissal of old marijuana convictions under the new law, and we defend current charges aggressively.
Possession of prescription painkillers, benzodiazepines, or other controlled substances without a valid prescription is a felony under Health & Safety Code 11350. Prescription fraud — obtaining prescriptions by fraud, deceit, or misrepresentation — is charged under Health & Safety Code 11173 and carries up to 3 years in state prison. These charges are increasingly common as law enforcement focuses on the prescription drug epidemic.
Many prescription drug cases involve genuine medical necessity or prescription-sharing within families — situations that carry powerful mitigation arguments. We present the full context of your situation and pursue every available diversion and treatment alternative.
Knowledge is power. Here is what happens from arrest to resolution — and how The Smalls Firm fights for you at every stage.
After a drug arrest, you are booked, fingerprinted, and held until bail is set or you are released on your own recognizance. Do not discuss your case with anyone in the jail — cellmates are sometimes used as informants. Call us the moment you are allowed to make a phone call. The sooner we are involved, the more effectively we can preserve evidence and begin building your defense.
Before we do anything else, we conduct a thorough review of how the arrest occurred. We obtain police reports, body and dash camera footage, search warrant materials, and any recorded statements. We are looking for constitutional violations first and foremost — because suppression of evidence is the most powerful tool in the drug defense toolkit. We also evaluate your eligibility for diversion programs simultaneously.
Your first court appearance, where formal charges are entered and you enter a plea. We nearly always enter a not guilty plea at arraignment to preserve maximum flexibility and give us time to investigate fully. We also review the complaint for overcharging — prosecutors sometimes pile on charges to gain leverage in plea negotiations, and we challenge that immediately.
This is where drug cases are frequently won. We file motions to suppress illegally obtained evidence, motions to dismiss based on constitutional violations, and motions to compel disclosure of informant identities when required by law. A successful suppression motion can strip the prosecution of their entire case. We have won suppression motions that resulted in complete dismissals, and we bring that same fight to every case.
If diversion is an option, we negotiate the terms aggressively on your behalf. If the evidence remains strong after motions practice, we evaluate negotiated pleas versus trial. Our assessment is always honest — we will never push you into a plea that isn't genuinely in your best interest, and we will never discourage you from trial if trial is the right path.
If your case goes to trial, you have a battle-tested trial attorney standing with you in court. We have tried drug cases before San Bernardino County juries and we know how to present a defense that creates reasonable doubt. From cross-examining narcotics officers to challenging the government's forensic evidence, we give everything we have to earn your acquittal.
Your case review is 100% confidential. No cost, no obligation. The sooner you call, the more options we have to defend you.