Drug Trafficking Lawyer in Fremont, CA

Felony Defense for HS 11352 Charges in Alameda County

A drug trafficking charge under California law isn’t just a serious allegation. It’s a straight felony with no misdemeanor pathway, carrying prison time, heavy fines, and consequences that can follow a conviction for years. Attorney Adam Allen Arant defends clients facing these charges in Fremont, Union City, and Newark, building a case-specific strategy from the first call.

Evidence in drug cases is time-sensitive. The sooner we get involved, the more we may be able to do to shape what the prosecution is working with before charges are locked in. We’ve helped clients achieve dismissals and charge reductions on serious drug allegations, and we offer a free consultation so you can understand your options without any upfront cost.

If you’re facing drug trafficking charges in Fremont or the surrounding area, call The Arant Law Group, APC today at (888) 561-2002 to speak with Attorney Arant at no charge.

What California’s Drug Trafficking Law Actually Covers

California Health and Safety Code 11352 makes it a felony to sell, transport for sale, furnish, administer, give away, import, or even offer to do any of those acts with certain controlled substances. The statute covers heroin, cocaine (including crack cocaine), opiates and opiate derivatives such as morphine, hydrocodone, oxycodone, and codeine, along with GHB, peyote, and certain Schedule III through V narcotics. Methamphetamine and marijuana fall under separate statutes and aren’t covered here.

One detail that surprises many people: you don’t have to physically touch the drugs to face a charge. Constructive possession, meaning control over a substance through another person or location, can be enough for prosecutors to proceed. And since a 2014 amendment, transportation alone isn’t sufficient. The prosecution must show intent to sell, not merely that drugs moved from one place to another.

Prosecutors typically build that intent argument from circumstantial evidence: quantity, packaging style, digital communications, scales, and cash. None of those elements is conclusive on its own, which is exactly where a targeted defense begins.

Penalties for an HS 11352 Conviction

A standard HS 11352 conviction can carry three, four, or five years in county jail. If the alleged transportation crossed into a noncontiguous county, that range can increase to three, six, or nine years. Fines can reach $20,000 on a base conviction and can climb higher when weight-based enhancements apply to heroin or cocaine cases.

Several aggravating factors can add significant time beyond the base sentence:

• Proximity enhancements: Transporting or selling within 1,000 feet of a drug treatment facility or homeless shelter may add one year to the sentence.
• Prior felony drug convictions: Each prior qualifying conviction can add three consecutive years.
• Firearm enhancement: A PC 12022(c) enhancement can add three, four, or five years.

For clients who aren’t U.S. citizens, the stakes extend further. A drug trafficking conviction may be classified as an aggravated felony under federal immigration law, making deportation a serious risk and potentially creating a bar to future admissibility. The exact immigration consequences depend on the specific facts of the conviction, which is why it’s important to address both criminal and immigration exposure early. Beyond incarceration, a felony record can affect employment, housing, professional licensing, and child custody.

How Drug Trafficking Cases Develop in Fremont

The Fremont Police Department and the Alameda County Sheriff’s Office are the primary agencies handling drug enforcement in this area. Cases originating in Fremont, Union City, and Newark are arraigned and have preliminary hearings at the Fremont Hall of Justice. Felony trials may later transfer to the Rene C. Davidson Courthouse in Oakland. Our office is in Fremont, and we work in these courts regularly.

Fremont’s location along the I-680 and I-880 corridors makes it an active area for drug interdiction traffic stops. Stops on those highways can escalate into full trafficking investigations based on the quantity or packaging of what officers find. Other common scenarios include search warrants at residences, undercover sting operations, and arrests stemming from broader multi-agency investigations. Arrests in Fremont generally result in booking at Santa Rita Jail in Dublin.

When federal agencies like the DEA are involved, a state case can shift into federal court, where mandatory minimums may apply and penalties are typically more severe than their state counterparts.

Defense Strategies for HS 11352 Charges

Every trafficking case turns on its own facts, and that’s where we start. Attorney Arant reviews how the evidence was gathered, who gathered it, and whether law enforcement followed the rules at every step. That review often reveals the foundation of a strong defense.

Motion to Suppress Evidence
If officers stopped a vehicle without probable cause, executed a warrant using false or misleading information, or searched without valid consent, a motion to suppress may remove key evidence from the case entirely. When the prosecution’s evidence is inadmissible, their case can weaken substantially.

Challenging Intent to Sell
The line between personal use and trafficking often comes down to inferences drawn from circumstantial evidence. We contest those inferences directly, examining whether the quantity, packaging, or cash at issue actually supports the prosecution’s theory.

Lack of Knowledge
HS 11352 requires that a person knew the substance was a controlled drug. Where drugs were hidden in a vehicle or location without the defendant’s awareness, this defense can be viable.

Entrapment
When law enforcement induced conduct a person wouldn’t otherwise have engaged in, entrapment may apply.

Plea Reduction to Simple Possession
In appropriate cases, negotiating a reduction from HS 11352 to simple possession under HS 11350 may avoid a straight felony conviction and may open access to diversion programs, including Alameda County Drug Court.

Why Clients in Fremont Choose The Arant Law Group, APC

Attorney Arant doesn’t apply a generic defense template to trafficking cases. He takes time to understand the specific facts of each client’s situation, from how the investigation began to what the physical evidence actually shows. That attention to detail is what allows us to find real weaknesses in the prosecution’s case rather than raising arguments that don’t fit the facts.

Our track record includes dismissals and charge reductions for clients facing serious criminal allegations. We offer a free consultation, and the goal in every case is the same: defend your freedom and your future with the most effective strategy the facts allow.

Schedule a Free Consultation with Our Drug Trafficking Defense Team

If you or someone you care about is facing a drug trafficking charge in Fremont, Union City, or Newark, don’t wait to get legal representation involved. The earlier we can review what happened, the more options may be available.

The consultation is free and confidential. We can review your situation, explain what the charges mean, and outline what a defense could look like for your specific case. Call The Arant Law Group, APC now at (888) 561-2002 to get started.