Drug Distribution Attorney in Walnut Creek
Facing Serious Drug Charges in Contra Costa County? Thomas Daly Can Help You Get Out of This
Drug distribution and sales allegations in California can quickly turn your life upside down. A single arrest can put your freedom, your job, and your reputation at risk. If you are looking for a drug distribution attorney in Walnut Creek because you or someone you care about has been accused, you already know how serious this feels.
In this situation, you may be wondering what will happen in court, whether you could go to jail, and who you can trust to guide you. The criminal process in Contra Costa County is complex, and it is normal to feel anxious and overwhelmed. You do not have to try to navigate it alone.
Thomas Daly is a criminal defense lawyer based in Walnut Creek who represents people facing drug crimes and other criminal charges in Contra Costa County. He combines vigorous advocacy with modern defense strategies and offers one-on-one attention in every case. His goal is to protect your rights and work toward a fair and reasonable outcome from the very beginning.
Quality defense at an affordable price. Our Walnut Creek drug distribution lawyer offers free consultations to discuss your situation. Call (925) 208-4801 or contact us online today.
Understanding Drug Distribution Laws in California
In California, the legal framework for drug-related offenses is found primarily within the Health and Safety Code. While "possession" is often a misdemeanor, "distribution" is almost always prosecuted as a serious felony. The law distinguishes between several types of conduct that fall under the umbrella of distribution:
Health and Safety Code 11352: Sale or Transportation
This is the primary statute used to prosecute drug trafficking and distribution. It makes it a felony to transport, import into the state, sell, furnish, administer, or give away controlled substances. It also criminalizes the mere offer to perform these acts. Whether the substance is a "street drug" like cocaine or heroin, or a highly regulated prescription medication like fentanyl, the law applies equally if the intent is to distribute.
Health and Safety Code 11351: Possession with Intent to Sell
Prosecutors often use Possession with Intent to Sell when they cannot prove an actual sale took place but find evidence suggesting the drugs were not for personal use. This is a "preparatory" distribution crime. A Walnut Creek drug distribution lawyer often focuses on this distinction, as the evidence used to prove "intent to sell" is frequently circumstantial and open to interpretation.
The Impact of Proposition 36
The legal landscape in California has shifted with the implementation of Proposition 36. While California remains focused on treatment for simple possession, Prop 36 has significantly increased the penalties for large-scale trafficking, particularly involving fentanyl. It also mandates that courts provide a "Watson-style" warning to convicted dealers: if they continue to distribute and someone dies as a result, they can be charged with murder.
Penalties of Drug Distribution Convictions in Walnut Creek
The penalties for drug distribution in California are among the most severe in the state's criminal code. Because these are felony offenses, the consequences extend far beyond the initial sentencing.
Direct Criminal Penalties
- Standard Distribution (HS 11352): Typically carries a state prison sentence of 3, 4, or 5 years.
- Cross-County Transportation: If you are accused of moving drugs from one county to another non-contiguous county (e.g., from Los Angeles to Contra Costa), the penalty increases to 3, 6, or 9 years.
- Weight Enhancements: If the quantity of the drug exceeds certain thresholds (such as 1 kilogram), additional years can be added to the base sentence—sometimes up to 25 extra years for massive quantities.
Collateral Consequences
A felony distribution conviction creates a permanent "red flag" on your record. The collateral damage includes:
- Professional Ruin: Many professional licenses (medical, legal, real estate) are automatically revoked or suspended upon a felony drug conviction.
- Immigration Issues: For non-citizens, drug distribution is considered an "aggravated felony" under federal law, which almost always leads to mandatory deportation and a permanent bar from re-entering the U.S.
- Housing and Financial Aid: Convicted felons often find themselves ineligible for government-assisted housing and federal student loans.
What To Do After A Drug Distribution Arrest
After a drug distribution arrest, the hours and days that follow can be overwhelming and confusing. Decisions made too quickly or conversations with the wrong people can complicate your case. Early contact with a criminal defense lawyer like Thomas Daly helps protect your rights, guide your next steps, and ensure you respond strategically to law enforcement, family concerns, and court proceedings.
- Do not discuss the case with anyone other than your lawyer, including friends, co-defendants, or on social media.
- Preserve evidence and documents related to prescriptions, transactions, or communications that may be relevant.
- Attend your arraignment in Contra Costa County Superior Court, often in Martinez, and have an attorney present to explain charges, rights, and bail issues.
- Limit contact with family or others who may try to investigate the case, encouraging them instead to support you in obtaining legal counsel.
- Consult a lawyer as early as possible to plan strategy, protect evidence, and respond appropriately to further police or investigator contact.
- Meet personally with Thomas Daly to review what has happened and develop a tailored defense plan for your case.
Why Contact Thomas Daly First
When facing a drug distribution accusation, timing is critical. Early decisions about what to say, how to respond to law enforcement, and how to handle your first court appearance can shape the course of your case. Having a local attorney like Thomas Daly, who understands Contra Costa County courts and procedures, ensures you can make informed choices and respond strategically from the very beginning.
Thomas Daly regularly practices criminal defense in Walnut Creek and appears in the Contra Costa County Superior Court in Martinez, as well as the Richmond and Pittsburg courthouses. His familiarity with local judges, prosecutors, and courtroom procedures allows him to provide realistic guidance about what to expect and how cases typically progress, helping clients navigate the legal process with confidence and clarity.
Clients work directly with Daly throughout their case. He listens carefully, learns about their background and goals, and creates a defense strategy tailored to their situation. Using modern defense techniques, he examines digital evidence, surveillance, and informant information while prioritizing privacy and discretion. His approach safeguards both legal rights and personal information, aiming to protect clients’ futures while resolving their cases effectively.
How A Local Walnut Creek Drug Defense Lawyer Helps
A drug distribution case involves more than the accusation itself, and each stage of the investigation can present potential issues a defense lawyer can address. Thomas Daly uses his experience in Contra Costa County to review how clients came into contact with law enforcement, including traffic stops, searches, and arrests, ensuring officers followed constitutional requirements. He evaluates evidence often used to show intent to sell, such as packaging, scales, and messages, to determine whether it truly supports the prosecution’s claims.
Daly works directly with local prosecutors, files motions, and presents relevant personal information to support your defense. He considers options tailored to each case, from challenging searches or informant reliability to negotiating reduced charges or treatment-focused outcomes. Throughout the process, he keeps clients informed about court dates, hearings, and decisions, helping them understand the legal system and pursue strategies that align with their goals and priorities.
Thomas Daly believes that every defendant deserves a defense that is as aggressive as the prosecution. His firm’s approach to these complex cases includes:
- Challenging "Indicia of Sale": Prosecutors often point to "scales, baggies, and cash" as proof of distribution. He provides alternative explanations, such as bulk buying for personal use or scales used for legitimate hobbies.
- Attacking Information from Informants: Many distribution cases rely on "Confidential Informants" (CIs) who are often getting a deal for their own crimes. He aggressively investigates the credibility and motives of these witnesses.
- Chain of Custody Review: He ensures the drugs were handled correctly from the crime scene to the lab. If the "chain of custody" is broken, the evidence may be compromised.
- Focusing on Constitutional Rights: He looks for errors in how Miranda warnings were given or if law enforcement coerced a confession.
Talk To A Walnut Creek Lawyer Today
If you are facing drug distribution charges in Contra Costa County, you do not have to face the system alone. A local criminal defense lawyer who understands the courts, the prosecutors, and the process can help you understand your options and work to protect your future.
Thomas Daly offers one-on-one representation from his office in Walnut Creek, with a focus on criminal cases that include serious drug allegations. He is committed to protecting your rights, treating your situation with discretion, and guiding you through each step of the case.
To discuss your situation in a confidential consultation with our drug distribution attorney in Walnut Creek, call the office today at (925) 208-4801 or fill out this online form.
Frequently Asked Questions
Could I go to jail for drug distribution?
Jail or prison time is a real possibility in drug distribution cases, but the outcome depends on factors like the drug type, quantity, alleged conduct, and your record. Thomas Daly reviews these details with you, then advises on risks and works to pursue resolutions that are fair under your circumstances.
When should I call a lawyer after my arrest?
You should contact a criminal defense lawyer as soon as you can after an arrest or if you learn you are under investigation. Early involvement allows Thomas Daly to advise you before arraignment, respond to investigator contact, and start protecting your rights during the first stages of the case.
Will what I tell you about my case stay private?
Conversations between you and your defense lawyer are generally protected by attorney client confidentiality. Thomas Daly treats drug cases with particular discretion and focuses on safeguarding both your legal rights and your privacy. He explains how communications are protected so that you can speak openly about what happened.
How are first-time drug distribution charges handled here?
First-time drug distribution cases in Contra Costa County can be handled in different ways, depending on the facts and the prosecutor’s view of the case. Thomas Daly looks at your background, the allegations, and local practices, then advises you about realistic options that may be available in your situation.
How often will I hear from you about my case?
Clients of Thomas Daly Law, A Professional Corporation work directly with Thomas Daly, and he strives to keep them informed at key points in the case. He discusses important developments, explains upcoming hearings, and answers questions so that you are not left wondering what is happening with your defense.