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8 Defense Strategies for Drug Transportation in CA
The consequences of a controlled substance transportation conviction in California are unequivocally severe, ranging from substantial fines to lengthy prison sentences, as well as having profound long-term implications.
Being sentenced for this crime can leave a permanent blemish on one’s personal record, thereby jeopardizing future prospects in virtually every aspect of their lives. Fortunately, even in the face of these daunting consequences, there is a silver lining.
Under the California legal system, individuals accused of controlled substance transportation can gain access to a whole spectrum of defense strategies and, with the help of a skilled San Diego drug crimes attorney, these can be employed to the fullest in order to protect their rights and liberties.
What are the penalties for drug transportation?
The sale and transportation of drugs is a felony offense in California, typically tried under §11352 HCS, and being convicted of this crime can result in an array of consequences, including (but not limited to):
- Prison time (based on the specifics of the case);
- Substantial fines (based on the specifics of the case);
- Formal (felony) probation;
- Mandatory (court-ordered) drug counseling or rehab;
- Community service;
- Suspension/revocation of professional license(s);
- Losing custody of children;
- Deportation (for non-US citizens).
One of the biggest consequences is that a felony offense can remain on a person’s felony record indefinitely. This creates further repercussions that can have long-lasting effects, such as:
- Difficulty finding employment or renting accommodations;
- Denied admittance to college or inability to qualify for federal financial aid;
- Difficulty regaining custody after getting out of prison;
- A 10-year ban on owning firearms.
Due to the severity and life-altering potential of these penalties, it is imperative to familiarize yourself with strategies that can be used when defending yourself against allegations of drug possession, trafficking and/or transportation.
What are defense strategies for drug transportation?
Defense strategies that your lawyer might use to prove your innocence will depend on the unique circumstances of your case, as well as available evidence. However, in most instances, this will entail proving there’s reasonable doubt regarding the following criteria:
- You had no knowledge of the presence of drugs during transportation;
- There wasn’t enough substance for it to qualify as “useful quantity”;
- You didn’t know that the drug was a controlled substance;
- You had a valid prescription for the drug;
- You had no intention of selling or distributing the drugs.
These factors are directly derived from the §11352 HCS but, in order to reinforce your defense, your attorney may employ other strategies. Some that are proven to be effective in the past include arguing that the evidence against you:
- Was obtained through an illegal search or seizure;
- Is fabricated and a result of police misconduct;
- Was obtained by means of entrapment by law enforcement.
Finally, it is important to note that the combination of these defense strategies can lead to an acquittal. However, they can also reduce the charge to simple possession, which is a misdemeanor and, as such, carries much lower penalties.
Who’s the leading San Diego drug crimes attorney near me?
If you’re facing drug transportation charges, your choice of legal representation can be a major contributor to the success of your case. For this reason, you want a team that possesses an intimate knowledge of California laws, as well as a profound understanding of the gravity of your situation. In the San Diego area, that team is Monder Criminal Lawyer Group.
With an exemplary track record of success in similar cases, our dedicated attorneys are well-equipped with the experience and expertise to advocate for your rights and provide the steadfast defense you deserve. Reach out to us or visit our offices in Downtown San Diego and let our acclaimed specialists fight for your brighter future!