Have you been caught red-handed in a drug trafficking ring? Things aren’t always what they seem. Most of these crimes are an instance of mistaken identity, being setup by police entrapment or another drug dealer, or simply being at the wrong place at the wrong time.
The United Controlled Substances Act has upped the ante on how these crimes are uncovered and prosecuted. In addition, asset forfeiture is now a part of the penalties that could result from Health and Safety Code 11352. This California code is otherwise known as the Selling or Transportation of a Controlled Substance, which carries higher fines than a simple possession alone. Other penalties include jail time, probation and monetary fines.
These penalties will vary based on the defendant’s criminal history, any aggravating factors, such as whether weapons were used, or if any parties were injured in the process, and other elements of the crime.
In order to prosecute for California Health and Safety Code 11352, the prosecution will have to prove that the defendant held in their possession a controlled substance such as marijuana, opium, poppy straw, cocaine, or heroin. The defendant should have also known that his was an illegal substance, and that it was indeed in their possession. This possession could be actual, constructive, or joint with someone else. Also, the prosecution will have to prove that the drugs were held with the intent to sell.
As this crime will likely result in State prison time, it’s important to seek a criminal defense attorney who can disprove this intent to sell, or seek out alternative defense that can lower or dismiss fines. Search and seizure warrants for example, that were the result of police misconduct can be thrown out in court. This evidence will be inadmissible.
Also, a skilled lawyer is able to determine ways to avoid jail time, and instead file for a drug diversion program under California law.
Call (949) 250-6097 to speak to a lawyer, should you be on trial for Possession for Sale or California Health and Safety Code 11352.
Learn more about other California Section Penal Codes here