California drug transportation is a crime and can lead to harsh criminal penalties – including jail time. Get the legal representation you need today and contact The Law Office of Elliott Kanter for a free consultation.
Drug possession, manufacturing, and distribution are illegal in the state of California. Transporting drugs can take you to jail. Despite its reputation as a laid-back state, California has some of the strictest narcotic laws in the nation. The stakes are very high – if you are caught with large amounts of drugs in your car, the charges can easily escalate up to drug trafficking charges, which could lead to a felony on your record. If you’re involved in drug charges in California, you need an experienced San Diego drug transportation attorney.
Drug Transportation Laws in California
There are a number of different laws related to the illegal transportation of drugs, including marijuana, cocaine, heroin, prescription drugs, and other narcotics. California Health and Safety Code section 11352(a) HS states it is illegal to sell or transport controlled substances in the state of California. Selling or transporting a drug is defined as any of the following conditions:
- Transporting controlled substances from one destination to another
- Importing the controlled substance from another location outside California into California
- Possessing the drugs with the intent to resell to other people
- Giving doses of the drugs to someone else, even if it was just a single dose
- Offering the controlled substance to someone else, at no charge
Under this definition, you could be charged with drug sales and transportation if you are in possession of a small amount of drugs and you give a little bit of it to a friend at no charge. Many people are unaware that this could get them in serious trouble, so it’s important to understand these laws.
If you are found guilty of transporting controlled substances, you could face up to four years in prison and up to $20,000 in fines. The court may look at your criminal record and a number of other factors during the sentencing process to determine which penalties you should receive.
Can You Be Criminally Charged For Transporting Methamphetamines?
California Health and Safety Code section 11379 HS states it is illegal to sell or transport methamphetamine. This is very similar to the transporting controlled substances law, but the drugs that are covered under this safety code differ. This safety code refers to stimulants, PCP, ketamine, and ecstasy, among others. Another difference between this law and the controlled substances law is the penalties. If you are convicted of transporting methamphetamine, you will only face up to four years in jail, not the $20,000 fine.
If you have been charged with transporting controlled substances, marijuana, or methamphetamine, it is essential you speak to a criminal defense attorney immediately following an arrest. You may face a variety of serious penalties depending on the type of drug crime. A drug conviction can stay on your record and affect both your personal and professional life down the road. You may have trouble finding employment or housing since many employers and landlords are hesitant to trust those who have been convicted of drug transportation crimes. Don’t put your future in the hands of a public defender. Speak with an experienced attorney as soon as possible to discuss your legal options and start defending your rights. Contact The Law Offices of Elliott Kanter by phone or visit our website to fill out an online form to schedule your free consultation.
Defense Against Drug Transportation Charges
They only need to prove intent. To be found guilty of drug transportation, the prosecution does not have to prove that you actually sold narcotics, only that you intended to. That’s why the charge of narcotic transport is so serious. Intent to sell can be based on circumstantial evidence including:
- The amount of drugs found
- The existence of items frequently used in narcotic sales such as baggies or scales
- The testimony of informants and undercover officers
- A high volume of visitors to your residence or place of business
But, a charge does not always lead to a conviction. Your attorney may be able to argue the evidence used against you was illegally seized and should therefore not be submitted to the courts. A San Diego criminal defense lawyer may also be able to prove you did not have intent, meaning you were never planning on selling the drugs, and they were for your personal use only. It is possible you did not know about the drug’s presence or were not aware it was an illegal substance. The exact defense you use will depend on the circumstances of your case, but an experienced attorney can help you create a sound defense strategy. If you have been arrested, it’s best to seek representation from an attorney as soon as possible.
How Can an Attorney Help with Drug Transportation Charges?
How you can fight the charges: Experienced attorney Elliott Kanter is familiar with legal and illegal search and seizure. We will look at reducing the charges or getting them thrown out due to illegal search or violation of your rights by law enforcement officials. Some errors in the prosecution’s case may include:
- Was the search warrant improperly obtained? Police have to go to a judge to get a search warrant and supply a probable cause. Did they lie to the judge or withhold part of the story?
- Are informants reliable? Police often use the testimony of informants who are themselves narcotic dealers or addicts. They may falsely collaborate in exchange for their own charges being reduced.
- Were entrapment laws violated? Law enforcement officials may use taped conversations as evidence. However, your rights may be violated in the process.
- Is circumstantial evidence valid evidence? An entire case’s outcome could rest on the existence of a few plastic baggies.
We are Here to Help
What can an experienced attorney do for you? There’s so much at stake when you are accused of committing a drug offense in San Diego County. Our attorneys have over 30 years of experience defending clients in criminal cases. Some of our criminal law practice areas include assault and battery, theft, fraud, white-collar crimes, probation violations, domestic violence, DUI, sex crimes, drug possession, drug crimes, and juvenile offenses. We have the knowledge to fight your charges and negotiate with the prosecutor on your behalf. So, call the lawyers at our law firm today for legal advice and a case evaluation!
San Diego Drug Trafficking Lawyer
If you’re convicted of drug trafficking in California, it’s usually considered a felony crime and with that will come possible prison time. Get the experienced legal representation your case requires. Contact The Law Office of Elliott Kanter today.
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 Office of Elliott 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.
Drug Trafficking in California
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”
Is Drug Trafficking a Felony or Misdemeanor 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.
What Are the Laws for Drug Trafficking in California?
Under California drug laws, importing, manufacturing, transporting, selling, or possessing controlled substances is illegal. If you are involved in transporting and selling drugs, you can be charged with drug trafficking. These offenses are taken seriously in California and carry severe penalties.
Possession of illegal drugs such as heroin or cocaine and controlled substances in large amounts can lead to a felony conviction in California. Felony charges are serious and can result in heavy fines and possible jail time.
Possession of low-level drugs is considered a misdemeanor crime. Although a misdemeanor has lesser charges, it can negatively impact your life. Long-term consequences for this crime could include limitations on your ability to retain your current job or get a new one, rent an apartment, or obtain financial aid for college. In California, various laws apply to drug trafficking:
- Possession of methamphetamines for sale: Health & Safety Code 11351
- Transportation or sale of illegal drugs (cocaine, opiates, heroin, LSD, and some prescription drugs like oxycodone and hydrocodone): Health & Safety Code 11352
- Transportation or sale of methamphetamines: Health & Safety Code 11379
- Transportation or sale of Marijuana: Health & Safety Code 11360
If you have been charged with selling, possessing, or transporting an illegal substance in California, contact a San Diego drug trafficking attorney immediately.
What are the Penalties for Drug Trafficking?
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 the 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 Office of Elliott Kanter or visit our website to fill out an online form and schedule your free legal consultation today.
What is Considered Constructive Possession?
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 inside 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.
Will Having a Valid Prescription Help Me?
Yes, having a valid prescription or doctor’s note for the drugs you have could be used as a defense against drug trafficking charges. However, several factors are going to be considered, including:
- The drugs in your possession are in a prescription bottle labeled with your name.
- The amount of supply you have.
- Whether you were in the process of transporting or selling to other people.
- If you were pulled over for a regular traffic check and the police charged you with carrying drugs for sale.
- Whether you have records of drug sales or a scale to weigh the drugs.
How Our Law Firm Can Make A Difference In Your Case
The Law Office of Elliott 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
Is Not Knowing I’m In Possession of Drugs a Plausible Defense?
At The Law Office of Elliott Kanter, we have dealt with many cases where individuals claim that they did not know about the drugs in their possession. In such cases, your defense will depend on your claim’s circumstances.
For example, if you own a car, you are expected to know what is stored in it. But if you rented the vehicle and have only used it for an hour or less before being stopped, and there were illegal substances in it, you might have a plausible defense.
The best thing to do if illegal drugs are found in your car, and you did not know you had them, is to consult a drug trafficking attorney. Call our office at (619) 815-7407 to schedule a free consultation and discuss your case details with our lead attorney, Elliott Kanter.
Seeking Representation for your Drug Trafficking Charges
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 Office of Elliott 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 40 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 Kanter by phone or by email at ekanter@enkanter.com for a no-cost, no-obligation consultation today. Come into 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.