Drug Offenses

Los Angeles Drug Defense Attorney

Drug offenses are one of the most widely prosecuted crimes in California. They also make up a very large percentage of cases in the Federal Courts. The quantity and type of possession, such as possession for sale rather than possession for use, determine the wide range of punishment.

Drug offense charges include:

• Possession for Sale, Sales, Attempts to Sell,
• Transportation
• Cultivation and sales
• Importation
• Trafficking
• Manufacturing and/or Possession of Chemicals (for example, Ephedrine or Pseudoephedrine for Methamphetamine) for manufacturing, purifying, etc.

Defenses for Drug Cases

Generally, these cases are often defended by making a motion in court to suppress the evidence based on the lack of a warrant, or lack of probable cause. These motions are called �suppression motions� because if you win the motion the evidence is suppressed and it almost always results in the case being dismissed . These motions are argued when there is a violation of the person's Fourth Amendment rights against an unreasonable search and seizure.

Another common defense is to argue that the defendant did not have "possession" of the drugs. The prosecution must prove each and every essential element of possession. If the prosecutor cannot prove each of the following elements, the defendant is not guilty:

• Dominion and control of the substance. Mere presence at the scene is not sufficient.
• In a quantity usable for consumption or sale.
• Possession for sale also requires a specific intent to sell it.
• Knowledge of its presence.
• Knowledge of its restricted drug character.

Consequences to Drug Offenses

Federal drug statutes classify controlled substances according to �schedules.� The Attorney General has the authority to delete, add or reschedule substances.

Punishment

Punishment for drug crimes generally depend on:

• The quantity of the drug.
• Its classification under the schedules.
• The purpose of its possession.

The most serious drug crimes are:

• Manufacturing drugs
• Selling drugs
• Producing illegal drugs

Prosecutors can prove your intent to distribute drugs just by showing the quantity of the drug, without any evidence that you actually distributed the drug.

Professional Drug Dealers

Special laws cover professional drug dealers. A "drug kingpin", or a person organizing, financing, or managing a business to manufacture, transport or sell drugs, commits a serious crime.

The Federal Government goes after professional drug dealers in an extremely harsh manner.

Contact a California Federal Criminal Defense Attorney at Lewin & Associates for a FREE CONSULTATION.

Toll free (800) 458-1488.