A charge of possession with intent to sell in downtown San Diego will likely land you in state court, whereas the same charge brought against you near the San Ysidro border may become a federal case.
Call the Superior Law Center’s San Diego Drug Crimes Attorney for a free, no-obligation initial consultation to evaluate your situation.
DRUG CHARGES IN SAN DIEGO
Each jurisdiction carries its own sentencing guidelines that are critical to your defense.
A drug conviction may result in considerable fines, court-ordered classes, registration as a drug offender, and prison time.
A conviction on your record could also impact your future and your ability to obtain certain employment.
Contact Erik Friis, an experienced and knowledgeable San Diego drug crimes attorney, for a free initial consultation.
TYPES OF DRUG CRIMES
A drug possession arrest is a serious charge that requires the assistance of an attorney with expert knowledge of California’s drug possession laws.
Without the counsel of a knowledgeable attorney, you might not realize how Proposition 47, for instance, could directly impact you.
Voters approved Proposition 47 on November 4, 2014, which reclassified drug possession offenses for the following Health and Safety Code sections:
- 11350: possession of a controlled substance
- 11357(a): possession of concentrated cannabis
- 11377: possession of methamphetamine
It’s effective retroactively and is an opportunity for people with no serious felony convictions to reduce their felony or wobbler (may be a misdemeanor or felony) possession charge to a misdemeanor. Eligibility in a drug diversion program could also be considered.
Depending on the amount and type of drug in your possession as well as any prior criminal record, you might still be charged with an infraction, misdemeanor, or felony.
California law considers three types of possession:
- Actual: you either had direct control of the drug, or it was on your person
- Constructive: you had the right to control the drug, such as asking another person to keep it for you
- Joint: you and another person purchased the drug together with the intention of sharing it
Hiring an experienced attorney to help you navigate through California’s complicated legal system in regard to drug possession could be the difference between qualifying for a diversion program and being sentenced to prison with a felony conviction.
With more than 15 years of experience, Superior Law Center has been successful with getting many of our San Diego clients’ charges reduced and dismissed.
Possession with Intent To Sell
Health and Safety Code section 11351 criminalizes controlled substances “possesse[d] for sale or purchase[d] for purposes of sale.”
Because it is a felony offense, the penalties for possession of a controlled substance with intent to sell are much tougher than for simple possession.
In order to gain a conviction for possession with intent to sell charge, it must be proven that the person knew the drug was illegal, possessed a large enough amount of the drug to logically conclude it was intended for sale, and that the person did intend to sell the drug.
The judge may allow certain items and testimony to be used in court. Baggies, substantial sums of money, and weapons are examples of items that could determine how a crime is charged. Conversely, wiretaps and witness testimony might also be admissible.
When you contact Superior Law Center in San Diego, you receive the benefit of an attorney with a strong background in narcotics investigation who uses that experience to actively defend you.
Health and Safety Code 11379 bans trafficking, which includes the selling, giving away, administering, furnishing, or transporting illegal drugs while crossing state lines.
If you have been charged with trafficking, you are facing serious consequences. Depending on a number of factors, such as the quantity and schedule of drug, as well as your prior criminal record, you could be facing three to five years in prison and a $20,000 fine.
With criminal defense attorney Erik Friis’ finely-tuned attention to detail, you will receive the individualized care your case requires.
Manufacturing a Controlled Substance
According to the California Health and Safety Code section 11379.6, it is illegal to produce controlled substances. Included within the framework of production is the cultivation and manufacture of said substances as well as possessing the ingredients used in the manufacture of methamphetamine and PCP.
Article (a) defines manufacturing to include those who “compound, convert, produce, derive, process, or prepare [a substance] either directly or indirectly by chemical extraction or independently by means of chemical synthesis . . .”
Additionally, you may be charged with allowing the illegal use of your building.
Manufacturing controlled substance charges carry a possible felony conviction of a two to six-year prison term and a $50,000 fine.
"Eric is very good at being your voice in the field of law. If you need some that is responsible, when it come to taking care of your legal needs. This lawyer has gone the extra mile for me and so has the great people he works with. I thank you."
We also offer little or no money down, and offer affordable payment plans to those who need help. At Superior Law Center, our experienced San Diego trial lawyer will use the best defense strategies possible to protect your innocence and your future! ALL of your rights will be protected immediately, and we will NOT stop until we have secured your freedom and gotten the BEST possible outcome for you or your loved ones.
Often times, we can stop police investigations before you EVER get charged with a crime. (If you have NOT been formally charged, read more about pre-file investigations.)