DRUG CHARGES FOR TRAFFICKING & POSSESSION

Sacramento Criminal Defense Lawyer

Sacramento Criminal Defense Lawyer

Drug Trafficking

Drug trafficking is a very serious charge and if you are convicted of this crime, you need to consult an attorney because you could potentially face decades in prison. Drug trafficking prosecution means you knowingly or intentionally manufactured, distributed, or dispenses a controlled substance or possessed it with the intent to do so.

Even for first time offenders, you could be in prison for over a year or more or even life. You can also face hefty fines ranging from $25,000 to $100,000 to up to $10 million. Usually, probation is only part of a plea bargain where the accused agrees to plea guilty to a less serious charge but you must meet specific conditions ordered by the court such as being monitored by a probation officer, submitting to random drug testing, and not leaving the state.

Many people think drug trafficking is the same as drug dealing but drug trafficking is referred to the mass distribution of illegal substances for the purpose of distribution. Sometimes known as a smuggler who is believed to be involved in a large scale organization specifically designed to carry illegal substances across jurisdictions whether that be state to state or from country to country. More, a defendant does not have to be found with the substance to be charged with trafficking. There just needs to be proof of your activities with a known trafficking organization.

The federal government is likely to get involved in a trafficking investigation if:

  • you are suspected of trafficking in unusually large amounts of methamphetamine;
  • you are suspected of illegal drug distribution across state or national borders’
  • or you are suspected of drug dealing in what is known as a Highly Intensity Drug Trafficking Area (HIDTA), which are areas targeted by federal authorities for intensified surveillance.

If you find yourself caught up with drug trafficking organizations and are faced with a conviction, contact a Sacramento criminal defense lawyer at Wing & Parisi immediately.

Simple Drug Possession

Since November 2014, drug laws in California have been softened and now simple drug possession charges are considered misdemeanors as opposed to felonies. However, even a misdemeanor drug conviction, such as being under the influence of or in possession of, can lead to serious consequences so it is important you consult with a Sacramento criminal defense lawyer who can defend you. A charge of simple possession, whether it’s methamphetamine heroin, cocaine, PCP, marijuana or any other regulated substance can be dismissed in California.

Simple possession is defined as having a “useable quantity” of a prohibited substance in one’s possession.

It is important to note that in order for you to be charged of possession, you must have known it was an illegal drug. Drug possession charges are subject to a broad range of penalties. In California, simple possession is considered a wobbler which means it can be charged either as a felony or a misdemeanor. Possession of certain substances like Schedule I and Schedule II Substances will remain a felony offense.

For example, there are some prescription medications that qualify as controlled substances and if you are caught having them, without knowing it was illegal, your charge could be dismissed.

Prosecutors only have to show that the accused knew the the drugs were present and intended to use or control them based on circumstances of the case. There are two ways to get a simple possession charge dismissed to avoid jail:

  1. The first is by obtaining a “Deferred Entry of Judgment (DEJ)” which allows the accused to complete a drug education school and obtain a complete dismissal of the charge.
  2. A second way is for the accused to participate in the “Proposition 36” treatment which requires that the accused participate in a treatment rather than go to jail.

If you find yourself being charged with simple possession charge, consult an experienced Sacramento criminal defense lawyer who will help your case get dismissed.

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