SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Drug Offense Defense in San Bernardino
Challenge the accusation, examine the search, and explore every legally available path toward protecting your future.
The difference between an accusation and proof matters.
A drug charge can affect your freedom, livelihood, and family. The first task is to understand exactly what is alleged: possession, possession for sale, a sales or transportation offense, or another charge. Those distinctions can change both the defense and the available options.
James M. Glick has practiced criminal defense since 1974. The office handles drug offense matters in a practice centered on San Bernardino County. Contact the office for a focused discussion of the charge, the evidence, and your priorities.
The defense inquiry should be concrete. What substance is alleged? What evidence connects it to you? What supports a claim of knowledge, control, or an intent to sell? How was the evidence obtained? The answer should come from the record and the law, not assumptions about who you are.
Read the correct California code section.
| Code section | Why it matters |
|---|---|
| Health & Safety Code §§ 11350 and 11377 | Common controlled-substance possession provisions; the applicable statute depends on the substance and circumstances. Also review § 11377. |
| Health & Safety Code §§ 11351 and 11378 | Possession-for-sale provisions. A sales allegation requires analysis beyond simply identifying a substance. Also review § 11378. |
| Penal Code § 1538.5 | Provides the procedure for a qualifying challenge to evidence obtained through an unlawful search or seizure. |
| Penal Code § 1000 | Provides a pretrial drug-diversion framework for specified charges and eligible defendants. Eligibility and program requirements must be assessed individually. |
| Health & Safety Code § 11395 | A Proposition 36 provision relevant to certain repeat drug-possession cases. Prior history can materially change the analysis. |
Many drug offenses are defined in the Health and Safety Code, while defense procedures and certain diversion provisions appear in the Penal Code. The Judicial Council’s 2026 Proposition 36 report documents felony cases under § 11395. Do not assume a possession allegation is always treated as a misdemeanor or automatically qualifies for diversion.
Examine possession, intent, and the search itself.
Relevant questions may include whether the prosecution can establish knowing possession, whether multiple people had access to the location, what testing identifies the substance, and what evidence supports a sales allegation. A defense assessment distinguishes the facts actually proved from the conclusions drawn from them.
- Review the reason for the stop or entry, any warrant, and the claimed basis for a search.
- Examine who had access to the place where the substance was found and what connects it to the accused.
- Review laboratory identification and relevant handling records.
- Test the basis for a claimed intent to sell against the full context.
- Evaluate prior convictions, additional allegations, and the consequences of a proposed plea.
Where treatment or diversion is legally available, it deserves serious consideration alongside the defense of the charge itself. A program may carry screening, participation, and completion requirements. Eligibility, successful completion, and dismissal are separate questions; none should be assumed.
Pursue a result that accounts for life beyond the courtroom.
Tell the office about work, school, treatment needs, dependents, and any licensing or immigration concerns that need appropriate legal review. A decision that resolves today’s court date may carry consequences elsewhere. Ask what the proposed resolution means before you agree to it.
Bring your charging papers, case number, next hearing date, release paperwork, and available prior-case records. Keep detailed medical or personal records out of the initial email and discuss how to provide relevant information directly with counsel.
Common drug defense questions
Does being near drugs prove possession?
Proximity is only part of a factual record. The prosecution’s possession theory and evidence of knowledge and control need to be examined under the applicable offense. Do not assume a shared location ends the inquiry in either direction.
Can treatment keep a conviction off my record?
Some eligible cases may qualify for a diversion or treatment-based path. The charge, history, governing law, and completion requirements control. Ask which program, if any, applies and what successful completion would legally accomplish.
Will an unlawful search get the charge dismissed?
A supported suppression motion may exclude particular evidence. Whether that leaves the prosecution able to proceed is a separate question. The search facts, motion requirements, and remaining evidence all matter.
A drug allegation should not define your next chapter.
Call (909) 889-1446 with the charge information and next court date. Ask James M. Glick’s office for a defense assessment that considers both the evidence and your future.
Call the OfficeGeneral California legal information, reviewed for this draft on October 13, 2026. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.