Drug-crime defense in Modesto
California prosecutes drug offenses under the Health & Safety Code. The same conduct can be charged as simple possession, possession for sale, transportation, or manufacturing — with very different consequences. The way the case is charged is often as important as whether the case can be won at trial.
Why charging-side experience matters here
Drug cases turn on charging discretion more than almost any other category. The same baggie of methamphetamine can be filed as HS 11377 (simple possession, eligible for PC 1000 diversion), HS 11378 (possession for sale, a felony), or HS 11379 (transportation for sale). The choice depends on the indicia of sales the DA reads into the report — packaging, scales, cash, phone evidence — and on office policy about what constitutes "personal use" weight versus "for sale" weight.
Matthew Begoun spent his prosecutorial career making and reviewing those decisions in Stanislaus County. He knows what filing deputies look for, what gets bumped to a supervisor for review, and which cases the office routinely declines. That's not a guarantee of any outcome — but it changes the questions the defense asks at the front end of the case, and the offers it pushes for.
What we handle
- Possession — HS 11350 (controlled substances), HS 11377 (methamphetamine and certain prescription drugs), HS 11357 (cannabis). Most simple possession is a misdemeanor; the consequences fall hardest on professional licenses, immigration status, and federal student aid.
- Possession for sale — HS 11351, 11378. The line between "personal use" and "for sale" is drawn from the amount, the packaging, the presence of cash and scales, and what was on the phone. These are felonies.
- Sales and transportation — HS 11352, 11379. Adding "transportation for sale" makes a possession case much more serious.
- Manufacturing — HS 11379.6. Felony, with significant prison exposure.
- Cannabis — Adult-use possession is legal under Prop 64, but distribution outside the regulated market is not. Black-market cannabis cases (especially involving sales over state lines) are still actively prosecuted.
- Prescription fraud — HS 11173, including "doctor shopping" cases.
- Federal drug charges — Filed in the U.S. District Court for the Eastern District of California. Different sentencing rules and mandatory minimums apply.
Diversion: when it applies and when it doesn't
California has several pre-trial diversion programs. They are real, but they are narrower than they look.
- PC 1000 (drug diversion). For first-time, simple-possession-type offenses with no aggravating priors. Successful completion results in dismissal.
- PC 1001.36 (mental health diversion). For cases where a qualifying mental health condition contributed to the offense. Substance-use disorder alone doesn't qualify, but co-occurring conditions often do.
- Veterans diversion (PC 1001.80). For service members and veterans with qualifying conditions.
- Prop 36. Probation with treatment instead of jail for certain non-violent drug possession offenses.
- Drug court. A specialty calendar in Stanislaus County for clients willing to commit to extended supervision and treatment.
Whether a client qualifies — and whether the program is the right call — depends on the charges, priors, and what we can show the court about treatment, employment, and stability.
What I look at first
- The stop or contact. Was there reasonable suspicion or probable cause? A bad stop suppresses the drugs.
- The search. Consent searches are very common and very contestable. Vehicle searches under the "automobile exception" have specific limits. A search of a phone requires its own warrant.
- Constructive possession. When drugs are found in a shared space — a car, an apartment, a backpack — the prosecution still has to tie them to a specific person. They don't always.
- Lab. What the substance actually is, and what it actually weighs after packaging is removed, both matter.
- Intent to sell. The DA's "indicia of sales" — text messages, scales, packaging, cash — can usually be challenged with context.
Collateral consequences worth taking seriously
- Immigration. Most controlled-substance convictions are deportable, including possession. There are narrow exceptions (a single offense involving 30g or less of marijuana, for example). Don't plead without an immigration review.
- Professional licenses. Nurses, pharmacists, and other licensed professionals face board action even when the criminal case ends well.
- Federal benefits. A conviction can affect federal student aid and certain housing programs.
- Firearms. A felony conviction means a lifetime federal firearm prohibition.
What to do now
If you've been arrested or contacted by narcotics investigators, don't try to explain the drugs, the texts, or anyone else's involvement before talking to a lawyer. Pre-charge cooperation has narrow benefits and broad downsides; it's a decision to make with counsel, not without.