San Diego Drug Crimes Lawyer
Defending All Types of Drug-Related Offenses in Southern California
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 of 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, Our San Diego drug crimes lawyer understand how law enforcement in our 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.
Contact us today to get started on your FREE consultation.
Investigating Your Drug Charge
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 defense attorney can help you uncover while developing a defense strategy.
How to Defend Against Drug Crimes
Depending on the circumstances of a drug 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, our San Diego drug crimes lawyer ensures our client’s rights are protected and that the laws are 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.
California Drug Crime Penalties
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:
- Seizure of assets
- Loss of drivers’ license
- Registration as a narcotics offender
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.
The consequences for those facing drug charges can be significant and may come to effect a person's life for many years following the outcome of a case. Get comprehensive and experienced representation that 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.
HS 11359 Felony: 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 drugs 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 an 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 Sale Charges in CA
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.
California Prop 36 & Multiple Drug Offenses
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 federal drug crime lawyer in San Diego 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.
Illegal Search for Drugs in CA
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 San Diego drug crimes attorney must understand the law of search and seizure.
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 has made the consequences of a Drug Offense conviction very serious.
Begin Building a Defense Strategy for your Drug Case Today
The attorney you choose may be the most important decision you can make. An lawyer 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 lawyer 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. Our San Diego drug crimes attorney 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.
Contact us today or call (858) 281-4605 to get started on your case with our San Diego drug crimes attorney.
16 Counts, Unlawful Sexual Intercourse with a Minor Sentence Reduced, All Other Charges Dropped
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000 Reduced Sentence, Other Charges Dropped
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence Dismissed Charges
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
Felony Domestic Violence Arrest All criminal charges dismissed
After arrest, defense investigation reveals that spouse was aggressor and caused harm to client, all criminal charges dismissed.
Felony Gun Possession, Felony Child Abuse Charges Dismissed
Client charged with felony gun possession and endangering life of a child being in illegal possession of loaded weapons in the home. Potential 6 year Prison sentence. Child endangerment charges dismissed, NO Custody.
Possession of 5KG of Methamphetamine while Armed with Loaded Gun Probation and Other Charges Dismissed.
Client facing 4 counts of possessing large quantity of Methamphetamine for sale and a loaded gun with no serial number. District Attorney offer of 6 years in State Prison. Ultimate resolution was a plea to gun possession only, probation and credit for time served with no additional jail time. All other charges dismissed.
Restraining Order, Accusations of Sexual Assault Case Dismissed
Defense Victory at trial for restraining order, Judge dismissed complaint against client, finding victims allegations and testimony not-credible.
Shoplifting from Naval Commissary Case Dismissed
Case Dismissed, record sealed in Federal Court
Welfare Fraud No Custody, Case Dismissed Following Probation
6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.
Marijuana Possession for Sale/Transportation Plea to Simple Possession, Probation and Fines,
½ pound of Marijuana, $5,000, baggies, scales and Marijuana storage paraphernalia, potential 4 years in jail, Defense argued insufficient evidence to prove sales of Marijuana or Drug Trafficking and filed motion to return all seized property.