Drug charges involving the sale or transportation of drugs should be taken seriously. If you were arrested for drug transportation in San Diego, CA, you could be facing serious jail time, significant fines, and a lasting criminal record. Hiring an experienced San Diego drug transportation attorney at Blair Defense Criminal Lawyers can dramatically increase your chances of beating the charges.
Our lawyers have over ten years of experience practicing criminal law. We’ve helped countless clients facing criminal charges over the years.
How Can Blair Defense Criminal Lawyers Help If I Was Arrested for Drug Transportation in San Diego?
California courts take drug charges seriously. You may think that possession of drugs for personal use is a minor crime. The charges become much more serious if you’re accused of drug transportation.
At Blair Defense Criminal Lawyers, we believe every person deserves the strongest defense possible. You can count on us to examine your case from all angles and aggressively fight to protect your freedom.
Our defense attorneys will:
- Investigate the circumstances of your arrest
- Find weaknesses in the prosecution’s case
- Hire experts and specialists when needed
- Help you understand the consequences of a plea bargain
- Advocate to have your charges reduced or the case dismissed
It’s never too early to get started. Call today for a free consultation with an experienced San Diego drug crimes lawyer.
Overview of Drug Transportation Laws in California
Drug trafficking laws are designed to stop the movement and sale of drugs. Most people may imagine that these charges only apply in cases involving large-scale drug trafficking rings. In reality, you can be convicted for simply walking down the street with drugs in your pocket.
Under Section 11352 of the California Health and Safety Code, it’s a crime to transport drugs in the state of California.
These charges apply in cases involving:
- Transportation of controlled substances and illegal drugs
- Importing drugs into the state
- Selling drugs or administering drugs
- Offering to sell, furnish, administer or transport drugs
- Giving away illegal drugs
In general terms, drug transportation charges may apply in any case where someone moves drugs from one place to another. It doesn’t matter how the drugs are moved. You can be charged for moving drugs by motor vehicle, plane, bicycle, or even on foot.
State prosecutors don’t have to prove that you moved the drugs very far. Essentially, you can be convicted for walking across the street with drugs in your pocket. Similarly, there is no requirement that you actually sell the drugs or attempt to sell the drugs.
Drug transportation charges may apply in cases involving most types of controlled substances, including:
- Opium derivatives
- Cocaine and cocaine base
- Prescription drugs, including codeine and hydrocodone
If you don’t have a valid prescription, you can be charged with drug transportation under a wide variety of circumstances. Don’t take the charges lightly. If you were arrested or charged, call Blair Defense Criminal Lawyers to schedule a free case review with an experienced San Diego drug transportation lawyer today.
What Does the Prosecution Have to Prove to Convict on Drug Transportation Charges in San Diego?
To convict on drug transportation charges, the prosecution must prove the following elements beyond a reasonable doubt:
- You transported, imported, sold, furnished, administered, or gave away a drug
- The drug was a controlled substance
- You knew the drug was a controlled substance
- You knew that the drug was in your actual or constructive possession
The prosecution must also establish that you possessed enough of the drug so that it was “usable” as a controlled dangerous substance.
Note that the prosecution does not have to prove that you obtained some profit or benefit from moving the drugs.
What Are the Penalties for Drug Transportation in San Diego, CA?
The severity of your charges can depend on a few different factors, including:
- The type of drug
- The quantity of drugs being transported
- Whether you have a prior criminal record
If convicted of selling or transporting drugs, your penalties may include:
- Three, four, or five years in prison
- Financial penalties
- A serious criminal record
If you cross at least two county lines within the state of California, you could be sentenced to three, six, or nine years in state prison.
A drug trafficking conviction can also have serious collateral consequences. Depending on the circumstances, those consequences could include:
- Difficulty finding housing or employment because of a felony conviction
- Loss of child custody rights
- Immigration problems
- Asset forfeitures
- Loss of your right to own a firearm
- Difficulty obtaining certain professional licenses
Drug transportation can be a felony or a misdemeanor. You could also face federal charges if you cross state lines or an international border.
To minimize the consequences of an arrest in San Diego County, it’s important to seek legal advice quickly. Our lawyers in San Diego are ready to start fighting for you, so call our law firm to learn more about creating an attorney-client relationship today.
What Defenses Can Be Raised if I’m Accused of Drug Transportation in California?
Our lawyers will identify all potential defenses to your charges. Depending on the circumstances, we may build a legal defense that includes:
- You did not know that the drugs were in your possession
- You had a valid prescription
- Law enforcement found the drugs in an illegal search and seizure
- Your arrest was illegal because your constitutional rights were violated
- You didn’t have enough of the drugs to be “usable”
- You were falsely accused
It may also be possible to have the charges downgraded if we can prove that you lacked intent to sell or give the drugs away. In other words, you could face lesser charges if the drugs were for your own personal use.
Contact a San Diego Drug Transportation Attorney for a Free Consultation
Were you charged with transportation of illegal drugs? Call a San Diego drug transportation attorney at Blair Defense Criminal Lawyers to start building your aggressive defense strategy today.