Have you been charged with transporting drugs in the greater San Diego area? The statute covering drug transportation, HS 11352, is broad and covers a number of different activities. This includes transportation of various drugs, as well as the sale, administration, giving away, furnishing, or offering to furnish various controlled substances.
Illegal transportation of most drugs, including those covered under HS 11352, is a felony. If convicted, you could be sentenced to years in prison. Your sentence could be even longer due to factors such as prior criminal convictions. If you are facing a charge under this law, contact an attorney experienced in defending drug crime charges. Call RJT Criminal Lawyer for a free consultation.
This law prohibits transportation and/or sale, or offering to do so, of most controlled substances, including:
- Narcotics (Opioids).
- Ecstasy (MDMA).
There are other drugs that are covered under the statute. The language of the law is that it applies to controlled substances, including narcotics, that are not possessed upon a written prescription by a physician or other professional licensed to prescribe such medications.
While HS 11352 applies to all controlled substances, there are additional laws that specifically deal with transportation of some other specific drugs. For example, a separate law applies to methamphetamine, transportation of which is also a felony. And HS 11360 covers marijuana, the illegal sale or transportation of which is usually a misdemeanor.
There are various defenses that may apply in any criminal case. But in cases involving illegal drugs, whether the offense is sale, transportation, or another illegal activity, certain defenses are more common than others. Here are some of the defenses that may apply in your case:
- Illegal Search and Seizure. In most situations where drug crimes are charged, the existence, location and other facts concerning the drugs are an integral part of the prosecution’s case. If those drugs were seized by law enforcement without a warrant and without probable cause, they may be inadmissible at trial. And in most drug cases, the inadmissibility of the drugs themselves may prevent the prosecution from successfully defending a motion to dismiss the charge(s).
- Lack of Knowledge. If you were unaware you had possession of the drugs, an essential element of the case is lacking. Or if you did not know that a package, for example, contained illegal substances, this likewise eliminates a crucial element of the prosecution’s case against you.
- We often hear about police “stings” leading to drug arrests. While there is nothing illegal about a sting operation per se, there are times when the police become overly zealous, and create a situation where a law abiding person is induced to commit a crime that he or she would not have committed, but for the domineering conduct of law enforcement personnel. In such cases, entrapment may be a valid defense to a charge of drug possession and or transportation.
- Legal Possession. There are more than 20,000,000 opioid (narcotic) prescriptions written each year in California. Your possession and transportation of these drugs may be perfectly legal.
The fact is that there are numerous possible defenses to a drug transportation/sale charge. Contact an experienced San Diego drug crimes lawyer to find out what defenses may apply in your case.
Transportation for sale of drugs is usually a felony. The penalty in most cases is 3, 4 or 5 years in prison. There are exceptions, however, in the case of certain drugs, for example, marijuana (usually a misdemeanor). There may also be enhanced penalties based upon your prior criminal history and other matters.
Being charged with any drug crime is serious business. But where the crime is transportation for sale of opioids and other controlled substances, the stakes are high. A felony conviction carries prison time and will affect your life and that of your family for years to come.
If you are facing a drug transportation charge, make sure you take advantage of all the possible defenses available and obtain the best advice concerning your case. At RJT Criminal Lawyer, we will review your situation in detail, provide you with our analysis of the merits of the case against you, and discuss the ways in which we can help provide the best chance for a dismissal, a reduced charge, and the best available result under all the circumstances. Call us today at (619) 577-0868.