Drug trafficking is a big deal. Over the past 20 years, the public has clamored for tougher laws against the manufacturing and selling of drugs. Now, if you are caught, the penalties can be very high – it’s a felony. If this happens, the best thing you can do is call an experienced San Diego drug trafficking attorney with the Law Offices of Elliott N. Kanter. We can help you fight the charges and get you into an effective narcotic treatment program if necessary. Drug trafficking is defined as the manufacture, transport, and distribution of large amounts of drugs, including marijuana, cocaine, heroin, and other narcotics. Often, more than one person is involved. Drug trafficking charges can vary depending on the scope and scale of the operation. And if sales activity is targeted towards minors, the penalties can be even stiffer.
WHAT IS DRUG TRAFFICKING IN CALIFORNIA? AN ATTORNEY EXPLAINS
The California Health and Safety Code Section (CHSC) 11352defines 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”
IS DRUG TRAFFICKING A MISDEMEANOR OR FELONY IN SAN DIEGO?
Transporting and selling drugs is a felony crime in California, and you can also face criminal charges if you aid, abet or conspire with anyone to commit drug trafficking. The only drug trafficking charge that may be a misdemeanor is if you are trafficking marijuana and you have less than 28.5 grams (one ounce) in your possession. This marijuana must also be for your own personal use and not for sale to others.
SKILLED LAWYERS DISCUSS THE PENALTIES FOR A DRUG TRAFFICKING CONVICTION
A number of factors will be considered during sentencing for a drug crime. The penalties you face for a drug trafficking conviction will vary depending on what type of drug you were caught with and where the trafficking occurred. For example, if you were convicted of drug trafficking on school grounds, you will face much more severe penalties than you would for drug trafficking to people in other places. The penalties may also increase if a minor was involved in the operation or if it is not your first offense.
The punishments for drug trafficking are usually between three to nine years in prison and steep fines. Even worse, sometimes drug trafficking can mean federal charges. Federal authorities tend to get involved with drug trafficking investigations when:
The defendant is suspected of trafficking a large amount of drugs
The defendant is accused of trafficking drugs across state and/or national borders
The defendant is believed to have trafficked in HIDTA, which are high-intensity drug trafficking areas. These areas are known to have high volumes of drug crimes, so they are under intense surveillance by federal authorities.
Federal penalties tend to be much more severe than the ones you would face in the California court system. If you have been accused of drug trafficking, don’t wait to contact an attorney. You will need an experienced attorney to defend your rights and fight to achieve the best possible outcome for your case. Call the Law Offices of Elliott N. Kanter or visit our website to fill out an online form and schedule your free legal consultation today.
WHAT IS CONSTRUCTIVE POSSESSION? ATTORNEYS IN SAN DIEGO ANSWER THIS COMMON QUESTION
Part of proving a drug trafficking crime is showing the defendant was in possession of drugs. But, it’s important to note the defendant does not need to be in actual possession of the drug in order to prove this crime. How is this possible? The law distinguishes between actual and constructive possession. Actual possession means you are holding the item in your hand or could easily have access to it if needed. For example, if you have something in your pocket or handbag, this is considered to be in your actual possession. However, constructive possession means you do not have immediate access to it, but you do have control over it or the right to control it. For example, if you have something in the glove compartment of your car, but you are not in your car, you still have constructive possession over the item because it is stored safely in property that belongs to you.
In relation to drug trafficking, it means the police do not have to find you in actual possession of the drugs in order to arrest you for drug trafficking–just constructive possession.
HOW OUR LAW FIRM CAN MAKE THE DIFFERENCE IN YOUR DRUG TRAFFICKING CASE
The Law Offices of Elliott N. Kanter can make a difference in your case. We have experience in California drug crime law, so we now look to for common errors in the prosecution’s case, some of which may include:
Violation of entrapment laws
Use of questionable or unreliable informants
Illegal tactics to get a search warrant
Base charges on circumstantial evidence
WHAT ABOUT MEDICAL MARIJUANA?
Marijuana is a substance with legitimate and proven medical benefits. California law does allow for the possession of limited amounts of marijuana for medical purposes. (You must have a prescription from a doctor.) However, the cultivation, sale, or transportation of marijuana are serious felonies in California and can land you in prison. If you have any questions regarding the drug charges you are facing, speak to a criminal defense attorney as soon as possible after you have been arrested.
SEEK REPRESENTATION FROM ONE OF THE TOP LAW FIRMS IN SAN DIEGO COUNTY
If you’re convicted of drug trafficking, it’s usually considered a felony crime and with that will come possible prison time. Law enforcement officials and prosecutors are concerned more with convictions and jail sentences and less with your rights. The Law Offices of Elliott N. Kanter will work to protect your rights. We may be able to negotiate with the prosecutor to have your charges reduced or dismissed. Our lawyers may be able to weaken the prosecution’s case by getting evidence dismissed. Or, if you willingly submit to a narcotic education or rehabilitation program, a criminal defense lawyer might be able to get your charges reduced. If we do have to go to court, we can present a compelling case on your behalf.
Our attorneys have over 30 years of experience defending clients in criminal cases. Our law firm’s criminal practice areas include assault and battery, theft crimes, drug crimes, drug possession, probation violations, fraud, domestic violence, white-collar crimes, sex crimes, elder abuse, juvenile offenses, and DUI.
What do you do if you’re charged with drug trafficking in San Diego? There’s so much at stake when you are charged with a drug offense. So don’t hesitate to contact aggressive attorney Elliott N. Kanter by phone or by email at email@example.com for a no-cost, no-obligation consultation today. Come in to our law firm after an arrest, tell us your side of the story, and we’ll give you the legal advice you need to protect your future. Together, we’ll get started.