San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Drug related crimes are common in the United States and you may face severe penalties if charged with such illegal acts. Moreover, drug cultivation is a felony offense and if convicted, you will not only face a serious penalty, but also have a permanent criminal record, which is why it’s inevitable that you hire a skilled drug manufacturing attorney in San Diego, CA. Additionally, it’s essential that you equip yourself with important information about drug cultivation.
What constitutes drug cultivation?
Growing plants that classify as controlled substances is considered drug cultivation. These include opium, marijuana, and other types of hallucinogenic or intoxicant plants. The laws that regulate this kind of cultivation are classified as drug manufacturing laws and they are covered in the Health and Safety Code of California. These laws prohibit:
Possessing, producing, or growing plants that naturally contain substances used in the production of illegal drugs and controlled substances.
Producing illegal substances derived from plants.
What are the penalties for cultivation?
Unlike possession which can result in a misdemeanor charge, cultivation can be classified as a felony resulting in more severe penalties, especially when there’s the intent to distribute. You can face hefty fines and a prison or jail sentence of three or more years, and even lose child custody. However, the penalty depends on many circumstances within an individual case. These are the outlines of possible penalties:
Up to 6 plants results in no penalties
6 or more plants carries the possibility of incarceration from 6 to 12 months
6 or more plants with the intent to distribute can result in prison or jail penalty of one year or more
What evidence proves cultivation?
In order to convict an individual of this crime, the prosecution must demonstrate two things. First, it must show that you were in possession of the physical materials and substances needed for drug cultivation. Second, it must show your intention to cultivate it without legal authorization and for an illegal purpose.
For example, if legal authorities search your home and discover items such as electric lights for growing, plants, and opium seeds in large quantities, this is strong evidence that can get you convicted of cultivation with the intent to distribute.
However, if the authorities search your home without a legal warrant, none of the evidence they collect can be used at court, and this can be a strong point for making defense.
Is cultivation the same as possession?
These two terms are not necessarily the same, but they are closely related because cultivation normally involves an element of possession since you must possess a substance in order to grow or cultivate the drugs.
However, cultivation is a more serious crime since it usually involves the intent to distribute. Possession, on the other hand, doesn’t necessarily mean that an individual also intends to distribute a drug.
Who is the leading drug manufacturing attorney in San Diego, CA?
Preparing a strong defense for your drug cultivation case is crucial and you will plan it in detail with your lawyer, but it’s also important to be familiar with useful drug manufacturing information and be well‐prepared. Monder Criminal Lawyer Group is a collection of well‐seasoned attorneys fully trained at leading law schools. We have the experience and worth proven in real‐life court cases needed to build a strong defense for your case.
Whether you have been charged for cultivation in your home or facility in Morena or any other neighborhood in San Diego, you can reach out to us.We’ll give you all the attention and time you deserve and handle your case personally.
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
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Contact San Diego’s #1 Criminal Lawyers for a FREE CONSULTATION:
5.0 stars 5.0 out of 5.0 Based on 29 reviews San Diego, CA
Breaking News
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Defense Strategies for Drug Manufacturing in California
The federal government always takes drug offenses seriously, especially when they involve manufacturing, and the prosecutors will use every available resource to reach a conviction. If you get charged with this offense, you risk facing three to seven years in jail or prison, if found guilty. This is why hiring an experienced drug manufacturing lawyer in San Diego, CA is extremely important. However, it’s also useful to be informed about the usual defense strategies regarding this potential felony.
Which factors can mitigate drug charges?
The judge may examine any information they find reasonably related to your culpability. This includes the objective facts, but it can also be information regarding the circumstances of the crime or defendant’s character. The most common factors that can impact your sentencing involve:
Lack of prior criminal record
Genuine remorse
Drug addiction – only if you are taking steps to deal with it
Mental or physical illness
Your role in the offense was minor
Situational or personal circumstances – these can include emotional problems, stress, or childhood abuse
Your help in other cases
What are the possible defense strategies for drug manufacturing?
Depending on the individual case, numerous defenses may apply. You will go over your case in detail with your legal representative and decide which of the strategies best applies to your case. These are the possible defenses your attorney can use in a drug related case:
Unreasonable search
According to the Constitution of the United States, the authorities can only search and apprehend your property with a proper warrant. A warrant can be issued only when there is sufficient evidence supporting the alleged offense. The evidence that was obtained through an unauthorized search can’t be used or referred to at trial.
Not participating in manufacturing process
It’s possible that you were near or at a facility or communal place where illegal drugs were being made, but you weren’t aware of it. Your representative will look into the case and see if this type of defense is applicable.
Not initiating the manufacturing process
Activities that preceded the process of drug making such as the buying of necessary ingredients or their assembly are not considered illegal unless the substances themselves are prohibited. In case you didn’t set up the proper equipment or obtain all the components, this can be your defense. However, it can be challenging to prove it and you’ll need a skilled lawyer to make it viable.
False accusation
False accusation implies several possible situations:
An eyewitness wrongly identified you as an offender
An untrustworthy law enforcement official or informant issued information to the court
An attempt to avoid criminal responsibility
Vengeance from a third party
Entrapment
Entrapment is a situation where a police officer or anyone else persuades you to commit a crime you otherwise wouldn’t have committed. The following can be used to entice a person to commit it:
Threats
Intimidation
Flattery
Blackmail
Force
Alibi
This defense is based on proving that you were not present at the crime scene. To establish an alibi, you’ll need proof such as surveillance footage, witness testimony, phone records, or restaurant receipts that put you in another place at the critical period.
Which drug manufacturing lawyer in San Diego, CA can defend me?
However, your priority should be hiring a reliable and experienced lawyer to defend your case, so don’t hesitate to reach out to Monder Criminal Lawyer Group. We’re a team of experienced legal representatives equipped with the necessary knowledge to defend you at court. Relax by visiting the San Diego Natural History Museum, then visit our office for a free consultation.
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
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Contact San Diego’s #1 Criminal Lawyers for a FREE CONSULTATION:
5.0 stars 5.0 out of 5.0 Based on 29 reviews San Diego, CA
Breaking News
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Illegal drug manufacturing represents an extremely serious offense that can carry significant legal repercussions for every individual involved in the process. That’s why it’s essential that you be familiar with the potential consequences of an unfavorable sentence and dedicate your time and energy into securing the best possible legal counsel by hiring an experienced drug manufacturing attorney in San Diego.
What factors can aggravate drug manufacturing charges?
Drug manufacturing charges are a serious matter by itself. However, this criminal offense can further by aggravated by several different circumstances:
Previous convictions
Existence of previous drug-related charges and convictions will significantly impact the harshness of your sentence. Each prior conviction carries with itself the potential for additional three years to your sentence. Some of the crimes that can affect your current sentence are:
Manufacturing drugs within the distance of 200 feet from a populated structure
Controlled substance manufacturing
Controlled substance selling and transporting
Illegal drug possession with the intent to sell
Causing severe bodily harm or death
The wounding or killing of another individual during your process of drug manufacturing will cause the defendant to face additional potential penalties. Each wounded or killed individual will add more time and severity to the prison sentence.
Making substantial amounts of a controlled substance
Additional penalties are also possible in situations where an individual manufactures significant quantities of drugs such as GHB, PCP, methamphetamine, heroin, crack, cocaine, and others. Some of the possible conviction enhancements are:
Three additional years if the quantity is greater than one pound or three liters.
Five additional years if the quantity is greater than three pounds or 10 gallons.
Ten additional years if the quantity is greater than 10 pounds or 25 gallons.
Fifteen additional years if the quantity is greater than 44 pounds or 105 gallons.
Making controlled substances while children are present
Finally, the defendant will face aggravating factors if the process of drug manufacturing happened in close proximity to minors. Being found guilty of illegally making controlled substances while close to an individual younger than 16 years can add two years to your sentence.
What are the penalties for drug manufacturing in California?
Some of the most common penalties for drug manufacturing in California include:
The act of manufacturing an illegal drug or a controlled substance can lead to a felony sentencing with up to $50.000 in fines and imprisonment of three or more years in a state prison. What’s more, the prosecutor reserves the right to demand enhanced sentencing if any of the aforementioned aggravating circumstances were in effect.
The act of being in possession of components, compounds or chemicals required to illegally manufacture drugs can result in a sentence of two or more years in a state prison with the potential for sentence enhancement in case of aggravating circumstances.
Which reputable drug manufacturing attorney in San Diego can defend me?
Knowing what the potential penalties for drug manufacturing you might be facing is not the only step you need to take when preparing for your case. You also need to be familiar with the most important details regarding drug manufacturing and know what some of the best defense strategies for this type of offense are. Finally, you shouldn’t forget to look into what constitutes illegal drug cultivation in the state of California.
Most importantly, you need to pay utmost attention to the legal counsel you’re hiring. Lucky for you, you won’t have to look further than Monder Criminal Lawyer Group. We’ve assembled a team of knowledgeable legal professionals with comprehensive experience with drug manufacturing cases. First, visit the Museum of Contemporary Art to relieve yourself from some of the stress before coming into our offices for a free consultation.
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
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Contact San Diego’s #1 Criminal Lawyers for a FREE CONSULTATION:
5.0 stars 5.0 out of 5.0 Based on 29 reviews San Diego, CA
Breaking News
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Important Details on Drug Manufacturing in California
Manufacturing of any controlled substances or narcotics, not just illegal ones, is absolutely illicit and can carry a significant penalty with it. That’s why it’s extremely important to hire a reputable drug manufacturing lawyer from San Diego to handle your case if you find yourself in a situation where you’re charged with this offense. However, you also need to be familiar with the details regarding drug manufacturing laws in the state of California.
How does the law in California classify drug manufacturing?
The most common cases involving drug manufacturing involve illegally cultivating marijuana or making methamphetamine. However, drug manufacturing law includes illicit production of any controlled substance, including:
Marijuana concentrates
LSD (Lysergic acid diethylamide)
Crack
Cocaine
PCP (Phencyclidine)
Heroin
MDMA
Ecstasy
The process of manufacturing a drug occurs when an individual participates in any part that makes up the process of creating an illicit controlled substance. Some of the most common manufacturing activities individuals suffer charges for include mixing chemicals necessary for the preparation of the drug and growing illegal marijuana plants while bypassing all relevant state regulations.
What’s more, even the mere act of offering assistance during the process of drug manufacturing can be enough to constitute actual manufacturing and become grounds for raising charges against you.
Finally, it’s also illegal to supply the necessary chemicals and components required to illegally create a controlled substance. For example, knowingly providing the components or the chemicals necessary for the production of methamphetamine is grounds for sustaining drug manufacturing charges.
This is why it’s essential to know more about what exactly can constitute a basis for raising charges in drug manufacturing cases. Being knowingly involved in any part of the process, from supplying chemicals, mixtures, and components to actually hands-on manufacturing the drug can result in criminal charges under this category.
What are the details of the Controlled Substances Act?
The classification of drugs is organized under the Controlled Substances Act, or CSA for short. The characteristics that affect their classification include their degree of safety, potential for abuse, and medical applications. This act comprises five schedules that describe controlled substances, with Schedule I being most harmful and Schedule V being least harmful. The details of this classification are:
Schedule I substances are classified with extremely high misuse potential and without any grounds for legitimate medical applications. Marijuana and LSD are examples of such drugs.
Schedule II represents drugs with legitimate medicinal applications alongside their strong abuse potential, such as methamphetamine and morphine.
Schedule III is reserved for substances with recognized medical purposes which are safer in terms of abuse potential than Schedule I and Schedule II substances. Some of these are appetite suppressants, antidepressants, and steroids.
Schedule IV drugs feature low dependence and abuse potential when compared to previous schedules and include prescription medications such as Ativan and Xanax.
Schedule V substances have an even lower abuse and addiction potential than the previous schedule and they usually represent drugs used for various medicinal purposes.
Who is the leading drug manufacturing lawyer in San Diego?
It’s extremely difficult to face drug manufacturing charges, as the outcome of the case can impact your entire future. That’s why you need to do your part in preparing for the case by understanding the potential penalties and aggravating factors for your charges, know what some of the most effective defenses for drug manufacturing are and also look into the law in California regarding drug cultivation.
However, the most important thing by far is hiring the best possible legal representation, which is where Monder Criminal Lawyer Group comes in. We’re a collection of experienced legal minds specializing in dealing with the different drug-related offenses. First, come in for a free consultation and allow us to formulate the details of your case. Then, explore the Fleet Science Center, clear your mind, and know that your defense is in good hands.
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
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Contact San Diego’s #1 Criminal Lawyers for a FREE CONSULTATION:
5.0 stars 5.0 out of 5.0 Based on 29 reviews San Diego, CA
Breaking News
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Depending on the type of possession you’re charged with, as well as the unique circumstances of your case, you could be facing several different charges necessitating help from one of San Diego, CA’s most reputable drug possession lawyers. However, before you hire an experienced professional to help you, it’s worth exploring what the potential punishments you could be facing are and adequately prepare for your court proceedings.
What are the penalties for drug possession?
Every drug possession charge is subject to a wide range of potential penalties in accordance with the specificities of your case and existence of any related crimes. The severity of your penalty can depend on a variety of factors, including the type of durg in question and the unique circumstances surrounding your case. That being said, there are five main penalties you could face for drug possession:
Fine: There are many convictions for drug possession that only result in a fine that can range anywhere from one hundred dollars to one hundred thousand dollars, depending on the severity of the crime and related charges.
Incarceration: Another possible outcome when charged with a more serious type of drug possession involves jail time. Prison sentences can vary depending on the exact circumstances of your crime and the drugs you were found in possession of. They range from a couple of days in prison to upward of ten years.
Probation: This type of punishment usually accompanies other penalties, such as rehabilitation, fines, and jail time. If you receive the sentence of probation you have to check with a probation officer on a regular basis and comply with terms of probation, for example refraining from using drugs. Failing to follow said terms can result in the court revoking your probation and you continuing to serve a prison sentence.
Diversion: This sentence is very similar to diversion and it’s usually implemented for first-time offenders. Diversion allows you to enter a behavior modification and counseling program which means you have to comply with specific terms over the course of 6 months and often longer. If you successfully complete this program, the prosecution will drop all the charges. If not, the prosecutor will reopen your possession case.
Rehabilitation: Finally, you can avoid a prison sentence if you undergo a rehabilitation period of treatment for your drug addiction alongside your probation sentence.
What crimes are related to drug possession?
In California, there are three most commonly encountered related crime alongside drug possession, and they are:
Possession of a controlled substance with the intention of selling it.
Transportation and sale of a controlled substance.
Being under the influence of a controlled substance.
Which lawyer in San Diego, CA should I hire for my drug possession case?
At Monder Criminal Lawyer Group, we’ve assembled a team of expert attorneys capable of professionally assessing all the aspects of your case and offer the most suitable possible defense strategy for your unique circumstances. You can count on our assistance whether you’ve been caught in possession in Serra Mesa or any other surrounding communities of San Diego. Schedule your free consultation by contacting us today!
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
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5.0 stars 5.0 out of 5.0 Based on 29 reviews San Diego, CA
Breaking News
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Facing any type of criminal legal action against you is difficult, especially if you’ve been acting in your best knowledge of the law and have been caught off guard with possession charges. First, you need to ensure the best possible legal representation by hiring an experienced drug possession lawyer in San Diego, CA. Then, it’s important to become familiar with the most effective defense strategies for drug possession charges.
How can I defend against drug possession charges?
There are several potentially effective defense strategies your lawyers could advise for your case depending on the characteristics of your charges. It’s worth noting that not every single one of the following strategies is applicable to every single case, it’s still important to know what they are and how you could defend yourself against drug possession charges.
No possession
Lack of possession is among the most commonly implemented defense strategies in drug possession cases. You can only receive a possession charge if the police can provide evidence and the court can prove beyond reasonable doubt that you were actually in constructive, shared, or actual possession of any illicit substances.
For example, if the police search your car and find marijuana or cocaine underneath the seat it’s a viable strategy for your defense to argue that the drugs belonged to one of your previous passengers and not you, effectively eliminating any control you might have exercised over the drug in question.
Prescription
You cannot be liable for illegal drug possession charges and penalties if you have a valid written prescription for the controlled substance found in your possession. In order for the prescription to hold up in the court of law, it has to be from a licensed:
Podiatrist
Dentist
Physician
In order for the court and the prosecution to successfully sentence you for drug possession, they have the burden to prove beyond any reasonable doubt that you actually didn’t have a valid prescription for the controlled substance in question.
Unlawful seizure
The Fourth Amendment states that all individuals have the right to be completely free from any and all unreasonable “search and seizure” procedures by members of the law enforcement. This means that the authorities cannot obtain any controlled substances through unlawful search of your property and seizure of a controlled substance since that kind of evidence can receive an exclusion from the case, meaning it will get dismissed.
Medical exception
Finally, it’s becoming more and more common for individuals to argue their use of medicinal marijuana if found in possession of this substance. Medical marijuana is legal in the state of California and you can easily argue this in court barring an excessive amount of the substance you could use for further financial gain.
Which drug possession lawyer in San Diego, CA can defend me in front of the court?
This is why you should only rely on experienced experts from Monder Criminal Lawyer Group. We’re here to provide aggressive legal representation, protect your best interests in court, and do everything in our power to make sure you receive a positive outcome. It doesn’t matter if you’ve been caught in possession of a controlled substance in Shelltown or another area of San Diego, you can count on our assistance throughout all the steps in your proceedings.
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
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Contact San Diego’s #1 Criminal Lawyers for a FREE CONSULTATION:
5.0 stars 5.0 out of 5.0 Based on 29 reviews San Diego, CA
Breaking News
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
When it comes to actual drug possession in the state of California, there isn’t a single, unified type of drug possession that refers to all cases where individuals have been found carrying a controlled illegal substance. Besides hiring one of San Diego’s most experienced drug possession lawyers, you should also do your part and explore the different categories of possession and how the law recognizes drug possession.
What are the different types of drug possession charges?
Not all drug possession cases are identical, as there are varying circumstances of each drug possession charge that affect the basic details of each trial. The law in California recognizes three basic types of drug possession based on the unique details of each case:
Actual possession
This type of possession refers to the act of a law enforcement officer actually locating an illegal controlled substance within your possession, for example in the pocket of your pants or anywhere else on your person.
Another name for this type of possession in California is “possession in fact” and it means that the defendant had immediate physical contact with a controlled substance in question. This is often the type of possession an individual is tried for if the drugs were located on them.
Constructive possession
This type of possession refers to a presence of a controlled substance that’s not located directly on an individual but rather on their property or in its immediate vicinity. Another name for this type of controlled substance possession is “possession in law”.
This type of possession offers implications that the individual had knowledge of a controlled substance presence on their property and was able to control it. Possession in law can accuse several individuals with possession of the same substance.
Joint possession
This is exactly what joint possession is. If more than one person receives a charge for drug possession, they’re both charged with “joint possession”. One example of this can be drugs found in the kitchen or the bedroom of a married couple.
In these situations, the prosecution assumes that both individuals had knowledge and control over the substance, chagrin them for joining possession.
Is drug possession a felony or a misdemeanor?
The answer to this question depends, again, on the unique circumstances of each individual case. Most commonly, simple drug possession in California is a misdemeanor. However, there are three main aspects that affect whether or not the court will classify your drug possession case as a felony or a misdemeanor:
Drug type
Sometimes, an individual can receive a felony offense if they had previous encounters for drug possession and if the drug in question falls under the category of more serious substances such as crystal meth, crack cocaine, or heroin.
Drug amount
The more drugs an individual has in their possession, the more likely it is that the law enforcement will classify such offense as a felony rather than a misdemeanor. However, small amounts found in possession usually lead to misdemeanor charges.
Intent
Felony charges in drug possession cases usually occur if the individual found in possession of a controlled substance has the intent to further distribute it with the aim of financial earning. Otherwise, possession is usually a misdemeanor.
Who is San Diego’s leading drug possession lawyer to help me with my charges?
First and foremost, however, secure the services of the most experienced drug possession attorneys in San Diego – Monder Criminal Lawyer Group. We have many years of experience helping individuals prove their innocence in different types of drug cases. We’re here to do everything in our power to get your voice across. Our offices are near Balboa Theatre, so stop by for a free-of-charge initial consultation. We’re here to help you.
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
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San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Facing drug possession charges is difficult, stressful, and hard on any individual. However, it’s nowhere near the end of the world, especially if you secure the services of a reputable drug possession lawyer from San Diego who has years of experience handling cases similar to yours. Before you do reach out to an attorney, it’s important to also perform your own research on what drug possession is and what consequences it can ental.
What does possession of a controlled substance refer to?
Generally, possession of a drug or a controlled substance means that an individual has in their possession or on their person a narcotic that’s illegal in the eyes of the law in the state of California and that said individual doesn’t have a prescription for.
The California statute that prohibits possession of illegal substances in the absence of a valid prescription is Health and Safety Code 11350 HS. Some of the most common controlled substances found in possession are:
Peyote
LSD
Heroin
Cocaine
Xanas
Valium
Ketamine
Oxycodone
Hydrocodone
Codeine
Proving possession
To prove possession of a controlled substance, the prosecution has to provide evidence for the five main aspects of drug possession:
The proof of actual possession of the substance
The absence of substance prescription
The presence of knowledge on the possession of the substance
The knowledge of the nature of the substance
The presence of a usable amount of the substance
What are important details about drug possession?
Knowing what drug possession is and what it entails is only the first step in acquiring the necessary basic information on this offense. It’s also important to learn more about the four main aspects of possession and why they’re important:
Possession
To prove possession of a controlled substance, it’s important to show that the individual had control over said substance. Possession can be both personal, as well as through an intermediary. An individual doesn’t have to physically touch something or hide to possess it. Also, it’s important to note that two or more individuals can possess a controlled substance at the same time.
Knowledge
To prove guilt under HS 11350, it’s important to prove that the accused individual had the knowledge of the presence of a controlled substance and the knowledge that the substance in question is illegal in the state of California.
It’s important to note that the defendant doesn’t have to show knowledge on the exact type of substance, only that it’s illegal.
Usable amount
This describes the minimum amount of a controlled substance that an individual can use. Useless debris and traces of a substance don’t constitute possession. However, it’s important to note that usable amount doesn’t have to refer to the amount of substance necessary to cause intoxication.
Controlled substance analog
Finally, it’s also illegal to have possession of an analog of a certain controlled substance without prescription. An analog is a substance that has a similar chemical composition to the illegal substance and that can cause a similar effect on a person’s central nervous system.
Which drug possession lawyer in San Diego can help me if I’m charged?
However, before all that make sure to secure the best possible team ready to defend you in the court of law. Monder Criminal Lawyer Group consists of the most experienced, qualified, and knowledgeable drug possession attorneys in San Diego. They know the ins and outs of drug law and will prepare the best possible defense strategy for the unique circumstances of your case. We’re here to prove your innocence, so schedule a free consultation today!
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
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5.0 stars 5.0 out of 5.0 Based on 29 reviews San Diego, CA
Breaking News
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
5 Reasons to Hire Legal Representation for Your Drug Crime Case
Being charged with one of the common drug crimes, such as intent to sell or possession of drugs can alter your life for the worse if you don’t do everything in your power to formulate a strong defense. However, you cannot do this on your own and it’s best to hire one of San Diego’s most experienced drug crime lawyers to be at your side and help you create a defense strategy. Here are the biggest reasons for hiring expert legal counsel.
Why should I hire an attorney for my drug case?
Not only is attempting to hold your own in the court of law when facing drug charges without an attorney highly stressful, it can also quickly become a catastrophe that can negatively affect the remainder of your life. This is one of the most important reasons to hire a drug defense lawyer. However, it’s not the only one:
Knowledge of the system
Drug defense attorneys have an intimate knowledge of the court system, granting the experience to represent you in the best possible way. What’s more, if a lawyer specializes in drug crimes specifically, they’ll definitely know how to act, what to do, and what to say, as well as advise you on how to behave in court.
Dedication to helping you
When you hire a drug crime attorney, you’re hiring a professional to represent your case and your best interests in court. This means they’re completely dedicated to helping you and to seeing you walk free or at least securing as favorable an outcome as possible for your drug charges. This means you have someone in your corner at all times.
Money savings
Some people think that hiring a lawyer is an unnecessary expense. However, nothing could be further from the truth. In fact, securing the assistance of a reputable drug attorney will save money for you in the long run if it prevents you from going to jail, losing your job, and paying expensive fines.
Established relations with prosecutors
Lawyers tend to build pleasant relationships with each other, whether they’re from the prosecution or not. The more established your lawyer, the greater the odds they’ve established positive relationships with your prosecutor, allowing them to broker a favorable deal for you.
Experience with drug crimes
One of the most important things about hiring a drug crime lawyer is their experience handling cases similar to yours. They’ve helped numerous people before you win their cases, they know the most effective defense strategies to apply, and they’re familiar with the inner workings of the legal system, all of which only increases your chances of a good outcome.
Who are San Diego’s leading drug crime lawyers to help me?
However, it’s most important to hire a qualified legal counsel to help you get the most favorable outcome for your current situation. This is where Monder Criminal Lawyer Group steps in. We’re a boutique law firm that dedicates all our time to you. We’ll design an effective strategy designed to get you free. We’re located right in the heart of the Gaslamp Quarter, so feel free to come in for an initial consultation. Give us a call today and schedule an appointment.
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
Need A Criminal Attorney?
Contact San Diego’s #1 Criminal Lawyers for a FREE CONSULTATION:
5.0 stars 5.0 out of 5.0 Based on 29 reviews San Diego, CA
Breaking News
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
5 Useful Defense Strategies for Drug Possession Charges
When charged with drug possession, be it with an intent to distribute or for personal use, it’s essential to look into the most effective defense strategies a drug crime lawyer from San Diego would apply in your case. Depending on the exact circumstances of your case, one type of defense might be better suited than another. The only way to determine the best possible path is to know what the most commonly implemented defense strategies are for drug cases.
What are some useful defense strategies in drug possession cases?
Some defense strategies for drug charges target errors in procedures. Others go after charges for drug possession under affirmative defense, while some of them focus on challenging the issues present in the chain of custody. However, not every defense is applicable to all cases, which is why you need to know more about the most useful ones:
Unlawful search and seizure
It’s only legal in the United States and California to search an individual’s property or body under a set of circumstances. That’s what makes this one of the most common and effective defense strategies in drug cases.
For example, a member of the law enforcement can seize evidence found in plain view and use it in the court. In drug cases, this usually involves the presence of drugs that the police officer can see on the dashboard of a car.
However, if the police officer opens the trunk of the car without permission and in a situation that doesn’t tick all the necessary boxes, finding the drugs can be contested in court under unlawful search and seizure, eliminating said found evidence from the trial.
Drugs don’t belong to me
Another common argument found in drug cases is the defendants claiming the drugs aren’t theirs or that they had no idea of the drugs being in their possession. This form of defense usually rests on establishing reasonable doubt that the defendant knew about the drugs in the first place. However, this can be a difficult defense to successfully perform, which is why you need an experienced attorney at your side.
Analysis in a crime lab
Not all evidence the prosecution brings to light is real. Simply because a substance looks like LSD or cocaine doesn’t mean it actually is. It’s up to the prosecution to prove the chemical composition of a certain substance by sending all the gathered evidence to the crime lab for detailed analysis. If there are any issues, the defense can use them to your advantage.
Problems with the chain of custody
Another common defense strategy is calling into question whether or not the drugs presented in court are the same drugs the police seized from the defendant. The usual name for this method is attacking the chain of custody in an attempt to prove that the drugs weren’t handled properly and that, as such, are not usable in the court of law as evidence.
Entrapment
Entrapment is an event where an informant or a police officer entices the defendant to commit an offense or a crime they otherwise wouldn’t commit. If this happens, the defense can claim entrapment, which is another common and effective defense strategy.
Which drug crime lawyer in San Diego should I hire to defend me?
If you’re unsure where to find an experienced legal representative in San Diego, know that you can always turn to Monder Criminal Lawyer Group. It doesn’t matter if you’ve been caught in possession in Ocean View Hills or another part of the city, we’ll assess all the details of your case and formulate a strong defense strategy designed to ensure a favorable resolution to your case. Reach out to us today and let’s see what we can do for you!
Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063
Need A Criminal Attorney?
Contact San Diego’s #1 Criminal Lawyers for a FREE CONSULTATION: