Experienced San Diego Drug Trafficking Attorney – One Of The Best Drug Transportation Defense Law Firm Helping You Stay Out Of Jail
Our San Diego drug trafficking lawyer knows how to defend you. The San Diego Criminal Defense Pros team have the experience to help you stay out of jail. Health and Safety Code sections 11352 and 11379 cover transportation of a controlled substance. Transportation of a controlled substance is the moving of the controlled substance from one location to another.
It does not require that the moving take place in a vehicle. In fact, just walking from one place to another while in possession of the substance, constitutes transporting. Because transporting the substance is a different act from simple possession, requiring the additional element of moving the substance, an individual can be charged and convicted of both offenses for the same narcotics. Possession is not a lesser included offense of trafficking.
Though, if the Defendant is convicted of both offenses one of the sentencing will be stayed so the Defendant is not punished for the same conduct. To be convicted of Transportation it must be shown that the Defendant knew of the drug’s presence and illegal character. This is where a well experienced San Diego drug trafficking attorney can help.
Transportation involves movement for any purpose, including personal use. There is no requirement that the Defendant intending to sell the drug.
The Penalty For Drug Transportation
The penalty for transportation of a controlled substance is severe. It can carry a maximum sentence of up to 4 or 5 years
in State Prison, depending on the circumstances and the type of drug.
4th Amendment Violation
Similar to a simple possession offense, a motion to suppress evidence based on 4th amendment violations can be a major piece of the defense case when someone is charged with Transportation of a Controlled Substance.
If based on the facts the 4th amendment is implicated, then the
Defendant, through his attorney, may file a motion to suppress the evidence. If the motion is granted, the case would most likely be dismissed.
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Transportation of Controlled Substance offenses can be complicated and the penalties can be severe. If you or someone you know has been charged with trafficking you need an experienced drug transportation law firm in San Diego, CA on your side. Call 619-493-1207 today to speak directly to attorney experienced in the defense of Transportation of Drug crimes