San Diego Drug Crimes Lawyer
Drug crimes include any number of illegal drug and illegally used prescription drug activities. Possession, manufacturing, sale, transportation, and money laundering are often activities cited in drug-related criminal activity. The activity, amount, and surrounding circumstances heavily affect the outcome in the cases, and a conviction could change the course of your life forever.
If you have been arrested on suspicion of a drug crime or you are being investigated, now is the time to reach out for legal representation. Drug crimes are complex matters, and there are many questions to ask from the start, particularly if you have been arrested. At the Law Office of George Gedulin, we understand how law enforcement in the San Diego area works and which questions need to be asked from the very beginning.
Without competent legal representation, you may unintentionally incriminate yourself or provide inaccurate information to law enforcement that could be used as fact in a courtroom. Still more worrisome are the changes that can occur to a statement from what is actually said to what is written down and used at trial.
Investigating Drug Related Crimes
After being accused of or charged with a drug related crime, you may feel like you have already been convicted. Intimidation tactics by law enforcement and investigators could just be a typical bully approach or it could be a sign that more serious errors were made. If your constitutional rights were violated at any time during the investigation or an arrest, the state may not be able to pursue a case against you at all. These are the types of extenuating factors that a well-qualified criminal defense attorney can help you uncover while developing a defense strategy.
Drug Crime Defense
Recreational drug use of any type is still illegal in California, regardless of changing public perceptions. Depending on the circumstances of a case, you could be facing a misdemeanor or a felony charge. Both misdemeanors and felonies will go on your permanent record and may affect your life in unexpected ways. Getting a job, maintaining relationships, and finding adequate housing are just some of the secondary problems a drug conviction can present.
Prosecutors will work to charge you to the fullest extent of the law every time, which may be unfair. Those who are caught at the wrong place at the wrong time may not actually have committed any crime. Those with addiction problems are in need of help, which is not something they will necessarily get with an extended prison sentence. Every case is different and deserves to be evaluated fairly in court.
At the Law Office of George Gedulin, we ensure our client’s rights are protected and that the laws is being applied appropriately at every step of a case. Our team understands the intricacies of possession, possession for sale, trafficking, and other drug related charges, and attorney Gedulin is highly skilled in developing defense strategies that get results.
Drug offenses in California courts are among the most often prosecuted crimes. There are various levels of drug charges that can be brought against an individual. These can range from simple possession of marijuana or a controlled substance, to transport and distribution. Conviction of a drug crime can have significant and lasting penalties including incarceration, fines, seizure of assets, loss of drivers’ license and registration as a narcotics offender. It is always important that a skilled San Diego Criminal Lawyer act quickly on your behalf to ensure the best defense of your case.
In drug crime cases the State provides Drug Diversion programs including “PC 1000” which is a California Penal Code Section permitting alternative sentencing for first-time offenders. This program allows for judgment to be deferred with an ultimate result being a dismissal of criminal charges following the successful completion of an educational program. Charges of drug transportation or the intent to sell have much harsher penalties than simple possession, an experienced and skilled defense team can help your charges to be dismissed or lowered significantly.
HS 11351 Drug Possession for Sale
Possession of any controlled substance for sale is charged as a Felony. This crime is typically used in cases where the defendant had methamphetamine, cocaine or other illicit drug in a large quantity. Evidence relating to the selling of drugs includes not only physical items seized. Police can issue warrants that subject your phone and computer to investigation.
This charge is very common in cases where someone is accused of selling prescription drugs like oxycodone or oxycontin. Although this can include an arrest for selling heroin or cocaine it is usually connected with narcotics intended for pain relief.
Many defendants arrested for this crime in fact have a valid prescription for the drug. However prosecutors can try to prove that someone was selling excess medicine or seeking to profit from re-selling their medication to those without a prescription.
Defense to Drug Sales Charge
No Intent to Sell: The prosecution must present some evidence other than the drugs that show an intent to sell the drugs. Admissible evidence must be available to show a person had the ability and did seek to complete a drug sale. Evidence of a large quantity of drugs does not mean that a person wanted to make an illegal sale. Unlawful searches of cell phones is a common occurrence in drug sale cases.
Drug Crime Lawyer
Multiple drug crime offenders have an opportunity for rehabilitation instead of jail under the California “Prop 36” law. Qualification and eligibility for this program can depend on your past criminal record and priors as well as the seriousness of the current charges in your case.
A drug crime lawyer should begin to gather essential facts and investigate your case without delay. Waiting for the prosecution to build their case and provide evidence will not get you the best possible outcome in your criminal case. A strong defense includes a thorough and detailed evaluation of the strength of the prosecution’s evidence. An experienced and knowledgeable lawyer knows how proper police procedures should be followed and can build a strong defense when flaws in the evidence are discovered.
The first question in any drug offense case is whether or not the police conducted an illegal search of your automobile, home or yourself. The fourth amendment of the U.S. Constitution gives you a right of protection against illegal searched and seizures by the police. An experienced defense attorney must understand the law of search and seizure. Our experienced attorneys represent clients who face all types of drug crimes including drug possession, possession with intent to sell, cultivation of marijuana, drug trafficking, drug manufacturing, drug distribution.
The Prosecution of drug offenses in particular relating to prescription pain-killers like Oxycontin and other opiates has been on the rise. The San Diego Sheriffs Oxy-Task Force which was created in 2008 along with an active effort from the San Diego District Attorney’s office have made the consequences of a Drug Offense conviction very serious.
The consequences for those facing drug charges can be significant and may come to effect a persons life for many years following the outcome of a case. It is important to have comprehensive and experienced representation which will exhaust every option available to avoid custody or jail time where possible.
It is important to act quickly after a drug arrest so your defense strategy can move immediately into the planning stage. Law enforcement will bring to bear the full resources of the State in their case against you.
A Drug Crime Attorney Can Help
The attorney you choose may be the most important decision you can make. An attorney you do not feel comfortable with or feel like you can trust may not have the right personality, skill-set, or passion for defense. Do not pick a number and hire a criminal defense attorney out of the phone book. Take the time to talk with your attorney first to see if the fit is right. At the Law Office of George Gedulin in San Diego, we want you to feel completely confident from the moment you hang up from that first phone call. Our aggressive and highly responsive approach to drug criminal defense gets results. Contact us today to get started on your case.
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