Liberty Lawyers In San Diego Can Help Defend You Against All Narcotics Sales Crimes.
Facing a drug sales charge is a serious offense that can land you in jail for a long time if you do not have the right representation. Please contact the Law Offices of Thomas P. Matthews criminal defense lawyer if you or a loved one is facing a drug sales charge in San Diego County. We have over 26 years of experience and have handled thousands of cases like yours with dismissal.
Possession Of Drugs: Definition
Do you know what possession of drugs is? Federal and state laws provide that drug possession is a crime; intentionally possessing illegal controlled substances such as marijuana, methamphetamine, cocaine, heroin, fentanyl and certain prescription medications. These laws also criminalize possession of chemical “precursors” used for the cultivation and manufacture of drugs, and certain accessories related to drug use. The drug possession laws vary by type of substance, the quantity and the geographical area of crime. Possession of small quantities can be considered “simple” possession, while if the quantity is huge, charges of “possession with intent to distribute” may be brought.
Requirements To Demonstrate Possession Of Drugs
Possession of certain illicit drugs is a violation of federal and state laws. Although drug possession laws vary from state to state, the elements of the offense are generally the same. Prosecutors must prove beyond reasonable doubt that the accused knew that the drug in question was a controlled substance and the defendant possessed or had control over it deliberately. This may also include what is known as “presumptive possession” or access to an illegal drug. Such charges may be filed against one or more individuals who have the keys to a van carrying narcotics, for example, and not having drugs on their person.
The drug possession laws are generally classified into one of two main categories: simple possession (for personal use) and possession with intent to distribute. The latter category generally involves much more severe penalties than simple possession after conviction. To show possession with intent to sell, prosecutors may present evidence as digital scales, packaging material, “pay and owe” sheets or large quantities of drugs, large amounts of cash or witness testimony.
Many states have established what is known as “drug court” programs for people charged with serious drug offenses under the supervision of a judge who aims to rehabilitate the accused (usually repeat offenders) instead of taking the case to trial. Judges exercise much control over the operation of drug courts. A drug defendant has to go to court and attend treatment sessions and submit to random drug testing before the judge periodically. Those who do not appear before the court or fail drug tests are arrested and the court typically imposes a short prison sentence.
Factors which may influence penalties for drug possession (in addition to mandatory minimum sentences) include the previous record of the accused, the amount and type of drug. Some states have decriminalized marijuana possession or turned it into a simple violation similar to a traffic ticket, while possession of crack, fentanyl, heroin, methamphetamine and cocaine typically have the strictest penalties in most states. Depending on the rules of a state sentence, judges have some degree of discretion and can impose penalties ranging from fines, hours of community service and probation to long prison sentences. Consult an experienced criminal lawyer in cases involving drug possession for more information.
Most drug arrests cases are the result of a “search and seizure”. In other words, the police arrest someone on the street or in a vehicle and finding drugs in his possession. In these cases, it is important to have an attorney who understands constitutional law US and California law about what the police can and cannot do. If the police had no legal reason or probable cause to search you or your vehicle, then drug evidence can be suppressed. Without evidence, the case can be dismissed.
Those who carry out acts of cultivation, processing or trafficking, or otherwise promote, encourage or facilitate the illegal consumption of illegal drugs, narcotics or possess with those purposes, they can be punished with penalties including lengthy imprisonment.
Notwithstanding the provisions of the preceding paragraph, the court may impose a penalty of a lower degree than those indicated in response to the specific facts and personal circumstances of the offender.
Drug Charges
If you have been charged with a drug offense, either in federal or state court, we are the law firm dedicated to helping you.
Drug charges cover a wide range of offenses, from the less serious, such as simple possession to conspiracy which involves participation in a regular criminal business related to drugs, or the development and distribution of drugs. Even minor charges can be frightening and carry the risk of serious penalties; of course, serious charges could lead to even more serious consequences.
Severe Penalties For Drug Manufacturing Charges
If you are fighting a charge drug manufacturing, it is important to know exactly what the potential consequences are in the case of a conviction. If you have been accused of cooking methamphetamine, making hashish or marijuana hash oil, or any other controlled substance, contact our office as you need an experienced attorney.
For more information on Drug Sales Charges In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (619) 383-2931 today.
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