What is a drug crime?
If you are charged on the basis of having drugs with the intent to sell, use or distribute, then you are being accused of violating of the California Health and Safety Code. This code states that any person charged and convicted of narcotic-related crimes can be fined thousands of dollars and may even spend time in federal prison. All that is needed to arrest you and charge with a drug crime is your possession of the substance. You do not need to be directly under the influence of the drug at the time; you may be completely sober but still have the drug in your car and you may be found guilty.
The state of California recognizes any illegal controlled substance such as cocaine, heroin, or marijuana to be basis for an arrest. Almost every single drug charge is directly affected by the Fourth Amendment law. Under the search and seizure law, any search that is considered unwarranted may be a basis to have the charges against you dropped. A San Jose criminal lawyer can greatly affect the outcome of your case by helping to gather evidence and justify if your Constitutional rights have been violated. If your Fourth Amendments rights were taken away from you, you may be able to be dismissed of your charges.
What are the common types of drug crimes?
If you have been accused of a drug-related crime in California, then you have may have been charged with one of the following:
If an individual is caught with an illegal drug in his or her possession, then that person can be charged with “possession of a controlled substance,” as is stated in CA Health and Safety Code 11350. A person could be charged with this even with prescription drugs that were not lawfully prescribed. In California, drug possession can be a felony, depending on the class of drugs that were found. For less harmless drugs, such as marijuana, the charges may be considered just a misdemeanor.
Possession with Intent
If a person possesses a drug with intent to sell it, then they can be charged with a felony under CA Health and Safety Code 11351. To determine if a person was planning on selling the illegal substances, rather than using them, then the law enforcement officials will have to investigate to determine the quantity, packaging, if there were any weapons, and availability of large cash stores. Unfortunately, cops may use faulty evidence to prosecute, which makes it important to have an experienced legal defense team to assess the evidence as well.
Sale or Transportation
According to CA Health and Safety Code 11352, it is a felony to sell or transport illegal drugs within California. This is also known as drug trafficking. Many people that are charged with drug trafficking may accused as a result of an undercover drug bust. This can often result in mischarging people with crimes they did not commit, or charges for more serious drug offenses than what was actually committed.
CA Health and Safety Code 11379 makes it a felony for anyone to manufacture, produce, compound, or prepare an unlawful narcotic. To be charged with this crime, a person must have already started the process of producing the drug, rather than only having the supplies and lab. It is important to note that this crime can be much more serious if there were children near the manufacturing location or if there are large volumes of drugs involved.
Work with an Experienced San Jose Drug Crimes Defense Attorney from My Firm
Regardless if you were arrested for possession, trafficking, manufacturing or distributing illegal substances, it is important that you contact a San Jose drug crimes lawyer as soon as possible. Your future is on the line and you need to defend your freedom. I have been practicing criminal defense for 17 years and fully understand that laws that govern drug crimes. You may be able to receive probation or a reduced sentencing such as drug rehabilitation instead of jail or prison time. I am proud to represent people who have been arrested and fight to defend their rights. Do not hesitate to contact my firm today for a case evaluation.