DRUG & NARCOTICS CHARGES
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Criminal Attorney in Sacramento
Drug & Narcotics Transportation
In California, it’s illegal to transport, sell, furnish, administer or import drugs like heroin, peyote, cocaine, opiates, some hallucinogens, GHB, hydrocodone and codeine. You can be convicted of drug transportation when you move it from one place to another regardless of the length or the mode of transportation. It doesn’t matter if you transported with the intent to sell or distribute them, you can still be convicted of moving them since drug laws are designed to punish drug dealers and suppliers. Usually, these charges are identified through “sting” operations but there are chances that you can get caught by witnesses.
Contact criminal attorney in Sacramento
If you are charged with transportation of drugs, make sure to contact an experienced criminal attorney in Sacramento who can assist you in your defense. California prosecutors have to prove that you offered to perform or engage in selling, administering, supplying, importing or transporting a controlled substance, were aware that it was a controlled substance and that the amount was enough to alter the mind.
An experienced attorney can help you defend your case in certain circumstances. For example, if an officer engaged in unlawful activity during the course of the defendant’s arrest, that evidence may be deemed inadmissible. Officers need to follow legal procedures during an arrest and if it’s ignored or forgotten, you may be able to avoid a conviction. Additionally, sometimes sting operations can end in multiple people being charged because police found a pile of drugs in one place.
With this type of arrest, there could be mistakes. Some of those could be falsely charged and are actually innocent. Often, officers will gather evidence against them and let defense attorneys and prosecutors figure out the logistics. Keep in mind that the violation is felony and is punishable by either a year in county jail as well as probation or up to five years in state prison with a maximum of $20,000 fine. If you are wrongly convicted of transporting drugs, make sure to contact an experienced criminal attorney in Sacramento.
Drug & Narcotics Possession for Sale
California divides Controlled Dangerous Substances (CDS) into six “schedules” varying from marijuana all the way to low doses of codeine. If you’ve been arrested for personal use of CDS, you could either be charged with a misdemeanor or felony depending on a few factors. It is considered a felony if you are possessing illegal drugs for the purpose of selling them.
In order to determine whether you were intending to sell these drugs, there are a couple things courts will look at such as the quantity of the drugs, packaging in numerous separate baggies, weapons and/or large sums of cash. Each individual’s case is different and no two cases are the same but it’s important to contact an experienced criminal defense attorney who can help you.
There are a couple defenses you can use to fight your case because unfortunately, many innocent people get accused of HS 11351 when they only possessed drugs for personal use. Additionally, cops often use faulty information, unreliable police informants and illegally obtained search warrants.
Police officers will sometimes break laws during the course of a criminal investigation. If this happens, you are entitled to use this as a defense since the evidence obtained can be deemed inadmissible. If that evidence is the only thing that prosecutors have to incriminate you, you may be able to avoid charges.
Another defense you can use is if you didn’t know you were in possession of illegal drugs. Those found guilty of possession for sale can have a maximum penalty of four years in state prison and a $20,000 fine. If prosecutors have evidence to prove you were apart of several transactions, there can be penalties for each one of those. If you find yourself facing a drug crime, contact an experienced criminal attorney in Sacramento to help you fight your case and explain your best options.
Drug & Narcotics Intent to Sell
California state laws include two broad categories for crimes of drug possession: simple possession and possession with the intent to sell. If you are caught in possession of a controlled substance and also have such things as scales, baggies or chemicals consistent with processing drugs, you may be charged with possession to sell, or possession with intent. Facing such charges can be a very scary experience but you are not alone. Contact an experienced criminal lawyer immediately so you know what to do.
California classifies not only well-known drugs like marijuana, heroin and cocaine as controlled dangerous substances (CDS) but also the compounds used to manufacture them. California divides these drugs into five “schedules”:
- Schedule I drugs (opiates, marijuana, depressants, etc)
- Schedule II drugs (raw opium, morphine, narcotics, etc)
- Schedule III drugs (pentobarbital, anabolic steroids, hallucinogens, narcotics, etc)
- Schedule IV drugs (diazepam, zolpidem, narcotics, etc)
- Schedule V drugs (low doses of codeine, narcotics, etc)
Penalties of Drug Sale
Drug possession for sale is a felony in the state of California with pretty harsh punishments. The minimum sentence is 3-5 years in prison but can be worse if the judge finds aggravating factors such as past criminal record, selling to children or being in possession on school grounds. The prosecution does not have to prove you sold anything. The prosecution just needs to prove that you intended to. Proving intent can come from different types of evidence like: the amount of drugs found, baggies or scales, conversations with undercover officers or informations and unusual high volume traffic to and from your residence.
Drug trafficking is another serious felony in California and depending on the specifics of your case, could result in 6-9 years for this charge, not including any enhancements added on by the judge. Worse, involving a minor at any point in any CDS crime will result in significantly harsher penalties. Selling to minor results in a prison sentence of 5-9 years when:
- The defendant is over the age of 18 and at least five years older than the minor buyer
- The sale takes place on school grounds or public playground while that facility is in use by minors
CDS sales incur both heavy fines and long periods of incarceration. If you’ve been charged of drug possession with the intent to sell, don’t wait any longer to talk to a Sacramento criminal defense attorney. A skilled attorney will look at a variety of factors when building your defense. If the drugs were seized improperly or a search was done without probably cause, you may have a good defense. The U.S. Constitution protects you against unreasonable searches and seizures. Don’t wait any longer to make sure your rights are protected!
Contact criminal attorney in Sacramento
When you have been charged with a crime, choose a criminal attorney in Sacramento with the experience and dedication to make a difference. The Law Office of Wing & Parisi is dedicated to provide exceptional customer service and excellent legal representation for those charged with any type of crime.
Whether it’s your first charge or your second, you need a dedicated and skilled attorney by your side. Contact us online or call at (916) 441-4888 for a free and confidential case consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.