SKILLED DRUG OFFENSE DEFENSE LAWYER SERVING CLIENTS IN SAN DIEGO
Drug convictions carry heavy consequences. Being convicted of a drug crime can have a serious impact on your life. First of all, there are possible fines. Getting a driver’s license can suddenly become more difficult. And you can even be denied financial aid for college. You could also face prison time and have a criminal mark on your record permanently. With your future at stake, you need an experienced San Diego drug crimes attorney on your side. The Law Offices of Elliott N. Kanter can work with you to get your charges reduced or even get your case dismissed.
KNOWLEDGEABLE SAN DIEGO ATTORNEYS DISCUSS COMMON DRUG CRIMES IN CALIFORNIA
There are a number of different common drug crimes in the state of California including drug trafficking and drug possession.
(Click a statute below for additional information)
|H+S 11350||Possession of a controlled substance||Misdemeanor – Up to 1 year in county jail|
|H+S 11351||Possession of a controlled substance for sale||Up to 4 years in state prison|
|H+S 11352||Transportation of a controlled substance||Up to 5 years in state prison|
|H+S 11552||Under the influence of controlled substances – additional penalties for large quantities||Misdemeanor posession – Up to 1 year in county jail (Higher penalties for larger quantities of drugs in posession)|
WHAT IS DRUG TRAFFICKING IN SAN DIEGO?
The California Health and Safety Code Section (CHSC) 11352 defines the crime of drug trafficking as any:
“person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance”
AN ATTORNEY IN SAN DIEGO EXPLAINS DRUG POSSESSION CHARGES
Possession, on the other hand, is defined is as having an illegal drug in your actual or constructive possession. The penalties and charges for the crime will vary depending on what type of drug was found, what your intent was, and how much of it you had in your possession. Penalties can range from an infraction all the way to a felony, and can include jail time, large fines, or drug diversion programs.
If you are facing drug possession or trafficking charges, you will not automatically be convicted. An experienced attorney may be able to defend you against these charges by arguing evidence was seized during an illegal search or the police planted it to strengthen the case. You may be able to argue you were not aware of the drugs, or did not know they were illegal. In some cases, you could argue that you had a valid prescription for the drug, but this only works in cases involving prescription medication or marijuana.
To get the legal assistance you deserve, contact the Law Offices of Elliott N. Kanter as soon as you find out you have been charged with a drug crime. The sooner you speak with an attorney, the faster he can start defending your rights against these serious charges. Contact attorney Elliott N. Kanter today to schedule your free legal consultation.
ARE DRUG CRIMES CHARGED AS FELONIES OR MISDEMEANORS? SAN DIEGO LAWYERS ANSWER THIS COMMON QUESTION
Depending on the details of the crime, the drug charges you face could either be misdemeanors or felonies. When is it a misdemeanor or a felony?
- Possessing Marijuana: Misdemeanor – If you’re caught with marijuana or drug-related items (such as a bong), it’s usually a misdemeanor charge. Law enforcement officials have to prove you had possession of the narcotic at the time of arrest.
- Possessing Hard Drugs: Felony – If you get caught with any drugs harder than marijuana, such as cocaine or heroin, it becomes a felony. It must be proved that you were in control of the narcotic at the time of arrest.
- Selling Drugs: Felony – If it looks like you were intending to sell any drugs, including marijuana, the charges are immediately considered a felony. In addition, prosecutors have more tactics at their disposal. They can use taped conversations as evidence. If they find any items normally associated with drug sales, they can include them as the evidence. They may also use the testimony of people who report on suspicious activities such as excessive comings and goings around your home.
- Trafficking Drugs: Felony – You can be charged with narcotic trafficking even if you are not directly transporting the drugs. Anything you do to help with a sale of drugs can be considered a felony charge of conspiracy or aiding.
- Manufacturing Drugs: Felony – Growing marijuana or using a lab to develop drugs can result in a felony charge.
WHAT IS AN INFRACTION? A CRIMINAL DEFENSE LAW FIRM IN SAN DIEGO EXPLAINS
In some cases, drug crimes can even be infractions, which are less serious than misdemeanors, although this is not common. Possession of less than one ounce of marijuana is usually an infraction. If you are charged with an infraction, you will only face fines and will not face any jail time if you are convicted. But, if you are charged with a misdemeanor or a felony, you could face jail time and fines. For example, a drug trafficking conviction, which is a felony in the state of California, could lead to up to nine years in prison and steep fines.
That’s why it’s so important to work with an experienced attorney after you have been charged with any drug crime. Let knowledgeable and aggressive San Diego criminal defense attorney Elliott N. Kanter fight on your behalf to achieve the best possible outcome for your case. Elliott Kanter can represent you through every step of the legal process, and possibly negotiate with the prosecutor to have your charges reduced. Call today to arrange for your free case evaluation with a criminal defense lawyer in San Diego.
TOP LAW FIRMS IN SAN DIEGO CAN HELP YOU FIGHT DRUG CHARGES
What an experienced attorney can do for you: Having an experienced criminal lawyer can make all the difference in your case. Often for non-violent drug offenders, if you agree to a narcotic treatment program, you can receive a penalty that does not appear as a felony on your record. The Law Offices of Elliott N. Kanter will try to get your charges lowered or dismissed. Sometimes the correct procedures are not followed by law enforcement officials and we can use this to your advantage. The following conditions may help you in your case:
- Fourth Amendment violations
- Warrants issued without probable cause
- Wiretapping and other illegal surveillance
- Miranda rights warnings omitted, abridged, or defied by police and prosecutors
- Statements and evidence illegally obtained or improperly allowed at trial
WHAT SHOULD YOU DO AFTER BEING CHARGED WITH A DRUG CRIME?
The first thing to do if you are accused of committing a drug crime: give our lawyers a call to discuss legal representation. There’s so much at stake when you are charged with a drug offense, so don’t put your case in the hands of an inexperienced lawyer. Our attorneys have over 30 years of experience defending clients in criminal law cases. Our practice areas include sex crimes, drug crimes, probation violations, theft crimes, domestic violence, drug possession, expungement, DUI, assault and battery, elder abuse, white collar crimes, and juvenile offenses. Don’t hesitate to contact attorney Elliott N. Kanter by phone at 619-330-5881 or by email at [email protected] for a no-cost, no-obligation consultation today. Come in to our law firm for a consultation and we will answer your questions, provide you with legal advice, and discuss the general legal process. Tell us your side of the story, and together we’ll get started.
CALIFORNIA POSSESSION OF A CONTROLLED SUBSTANCE LAW
(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
WHAT IS TRANSPORTATION OF A CONTROLLED SUSBTANCE IN SAN DIEGO?
(a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
CAN YOU BE ARRESTED FOR BEING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE? YES, SAYS SAN DIEGO ATTORNEY
In any case in which a person has been arrested for a criminal offense and is suspected of being addicted to a controlled substance, a law enforcement officer having custody of such person may, with the written consent of such person, request the city or county health officer, or physician appointed by such health officer pursuant to Section 11551, to administer to the arrested person a test to determine, by whatever means is available whether the arrested person is addicted to a controlled substance, and such health officer or physician may administer such test to such arrested person.
California has a vast, in-depth penal code section on drug offenses. The penalties for carrying, using, selling, and transporting drugs are as follows:
- Misdemeanor possession, up to 1-year in county jail
- Possession with intent to sell, up to 4-years in state prison
- Transporting a controlled substance, up to 5-years in state prison
- Under the influence, minimum 90 days and up to 1-year in jail
- Note: the penalties can be much higher if large quantities of drugs are involved.