San Diego Drug Trafficking Lawyer
San Diego Drug Trafficking Attorney
Drug trafficking refers to the illegal import, export, sale, or distribution of controlled substances. It is a serious criminal offense that differs from simple drug possession, given that it typically involves larger quantities and the intent to distribute.
When one faces allegations of drug trafficking in California, the stakes are extraordinarily high. A San Diego drug trafficking lawyer is necessary to protect your rights. Lee Law Group and its criminal defense attorney in California are dedicated to providing robust legal defense services in drug trafficking cases.
Finding the Right Legal Defense With Lee Law Group
You need a strong legal defense against drug trafficking charges. At Lee Law Group, our attorneys have over 20 collective years of legal experience. This includes years of work in criminal defense and drug crime defense, protecting the rights and futures of individuals who are overcharged and harshly prosecuted for drug crimes. Drug offense convictions can significantly affect your life, and our team works hard to limit or avoid the impact on your future.
Our team helps you navigate your charges, understand your rights and legal options, and determine the right defense for you. We craft exceptional strategies based on the facts and evidence present in your case. At Lee Law Group, we know how stressful the criminal justice system can be, and we want to fight for your interests.
California Drug Trafficking Laws
The primary statutes governing drug trafficking in California include Health and Safety Codes 11351 and 11352. These laws make it illegal to possess and sell controlled substances like heroin, methamphetamine, and cocaine. The complexity of California’s legal system requires an experienced California drug trafficking lawyer for effective representation.
If convicted, the penalties for drug trafficking can be severe, including hefty fines and lengthy prison or jail sentences. In California, prison or jail terms can range from 3 to 25 years depending on the substance, quantity, and prior criminal record. Financial penalties can soar up to millions of dollars. Drug trafficking charges may even be charged at a federal level. This can significantly increase the severity of penalties and the life-long consequences of a conviction.
Conviction of a drug crime also results in a criminal record, which can harm your employment, education, and housing prospects. Conviction can also affect the immigration status of those who are non-citizens. In fact, it could result in deportation in certain cases.
Many people may believe they understand drug trafficking charges, but in truth, these crimes can be charged differently depending on case specifics. It is important to understand the different ways in which you can receive a drug trafficking charge, as well as what your specific charge means. In California, drug crime cases fall into one of a few areas: drug possession, drug sales, and drug transportation.
Drug Possession
California prohibits the possession of controlled substances, even in small amounts. A drug possession conviction can be a misdemeanor or felony. The type and quantity of the drug involved determines the crime’s classification. Penalties you can expect if convicted of this offense include jail time, fines, probation, and drug education classes.
In these cases, you can avoid conviction if you can demonstrate that you lacked knowledge of possessing the drugs or had them for the purpose of valid medical usage. For example, if someone planted illegal substances on you or if you unknowingly carried them in a container, a court can dismiss your case. Additionally, if law enforcement obtained evidence from an illegal search and seizure, we can get it excluded from court and weaken the prosecution’s case.
Drug possession is not a trafficking charge. However, you could be charged with drug possession for sale in certain cases.
Drug Possession for Sale
Drug possession for sale is more serious than a simple possession charge. Being accused of this crime means prosecutors must prove you possessed drugs with an intention to sell or distribute them. Their case can revolve around displaying the quantity of drugs found, the presence of packing materials, or evidence of past sales. A drug possession for sale conviction carries harsh penalties, including possible prison time and significant fines.
While the potential consequences may be intimidating, some defenses can seriously help your case, like demonstrating that the drugs were for personal use instead of for sale. This defense can help you avoid serious prison time. Other defenses like insufficient evidence or entrapment can provide a way to dismiss your charges altogether.
Drug Transportation
Drug transportation charges typically involve the intentional movement of illegal drugs from one location to another. While simple movement can seem like a minor offense, involvement of large quantities can provide for severe penalties, like years in prison or debilitating fines.
Similar to a drug possession charge, we can fight your drug transportation charge by proving that you did not know you were transporting drugs or were unaware that the container you transported had drugs inside. Involuntary transportation can be a valid defense when someone forced or coerced you into transporting drugs for them.
Federal Classification of Controlled Substances
The Drug Enforcement Administration (DEA) classifies controlled substances in five schedules based on the medical use of the drug, its likelihood of abuse, and its likelihood of physical or psychological dependence.
Although these are federal classifications, they still impact California laws and how drug offenses are charged. Additionally, drug trafficking crimes are often charged at the federal level, not the state.
- Schedule I
Substances categorized as Schedule I are much more likely to be abused and can create severe dependence. They have no currently accepted medical usage in the U.S. This includes substances like lysergic acid diethylamide (LSD), heroin, peyote, marijuana and hashish, and ecstasy. While large amounts of lower-schedule drugs are needed before drug trafficking offenses are likely, Schedule I drugs do not require as much of the drug to be present. Therefore, drug trafficking charges are more likely.
- Schedule II
These substances have a high potential for abuse and dependency, but less so than those in Schedule I. These substances include cocaine, methamphetamine, oxycodone, fentanyl, Adderall, combination drugs with under 15 milligrams of hydrocodone, and Ritalin, among others. These substances have some accepted medical uses, which can increase the complexity of certain criminal defenses.
- Schedule III
These substances have moderate to low potential for abuse and dependence. They include substances such as ketamine, anabolic steroids, testosterone, and substances with under 90 milligrams of codeine, such as Tylenol with codeine. Medical use may also be relevant for these substances.
- Schedule IV
These substances are labeled by the DEA as having a low potential for abuse or dependency. This includes substances like Xanax, Valium, Ativan, Ambien, Tramadol, Soma, and Darvon. The accepted medical use of these substances can further complicate defense strategies.
- Schedule V
These substances have the lowest potential for abuse, with only limited amounts of specific narcotics. These substances include Lomotil, Motofen, Lyrica, Parepectolin, and cough substances with under 200 milligrams of codeine. It takes more significant amounts of these substances for a charge to become drug trafficking. However, it is still a serious offense, even though the substance is considered less dangerous.
Potential Drug Crime Defenses
The specific defense for your case will have to be customized to your situation. However, some of the common drug crime defenses include:
- Lack of intent or knowledge
- Legitimate and legal reason to possess the drugs
- Insufficient evidence of guilt
- Not a legally controlled substance
- Constitutional rights violations during search and seizure of evidence
- Improper chain of custody for evidence
- Entrapment by law enforcement
- Innocence and the existence of an alibi
An attorney with experience in drug cases can help you determine your options for defense or for a lesser sentence.
FAQs:
How Many Years Do You Get for Drug Trafficking in California?
You can get two to five years in jail for drug trafficking in California. For the trafficking of narcotics, the penalties include three, four, or five years of imprisonment. For trafficking schedule III, IV, or V drugs, penalties include two, three, or four years. The trafficking of drugs between countries that do not share a border results in penalties of three, six, or nine years in jail. Penalties for drug trafficking can increase if there are aggravating factors present, such as the use of a firearm.
What Is the Difference Between a Drug Dealer and a Drug Trafficker?
The main difference between a drug dealer and a drug trafficker is the amount of controlled substances involved and the resulting difference in offense severity. A drug dealer is typically charged with drug distribution and is responsible for the sale and transport of smaller amounts of controlled substances.
Drug trafficking is charged for much larger-scale drug distribution and often includes manufacturing and transport across state lines. Drug trafficking is also more likely to be charged at the federal rather than the state level.
How Much Does a Drug Trafficking Lawyer Cost in California?
The cost of a drug trafficking lawyer in California varies based on several factors. Your attorney’s fees will partially rely on their own skill and abilities. An attorney with significant experience in drug crime defense and success in prior cases is likely to have higher rates. Attorney fees also depend on your unique case. If you have more serious charges that require a more complex defense, you can expect fees to be higher.
What Is a Schedule I Drug?
A Schedule I drug is the most dangerous classification given to controlled substances in the U.S. Drug Enforcement Administration (DEA) scheduling. These substances are considered to be highly addictive and have no currently accepted medical use.
Schedule I substances include heroin, lysergic acid diethylamide (LSD), marijuana and hashish, peyote, methaqualone, methylamine, hydriodic acid, and 3,4-methylenedioxyphenyl-2-propanone (ecstasy). Schedule I controlled substances are those with some of the harshest penalties attached.
Drug Trafficking Lawyer in California
When facing drug trafficking charges, your choice of legal representation can significantly impact the outcome. The cornerstone of a robust defense in drug trafficking cases is to challenge the prosecution’s evidence. This may include questioning the legality of searches, the credibility of informants, or the reliability of tests performed on the seized substances.
Contact us today for a consultation. Lee Law Group, as your dedicated drug trafficking lawyer in California, will examine all facets of your case to strategize the most effective defense possible.
