Updated on July 7th, 2023
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San Diego drug crimes charges can be complicated and the penalties can be severe if you do not have a drug offense lawyer in San Diego advocating for your rights and freedom.
With the right lawyer representing you, you can ensure that your charge will be dismissed or reduced.
Call today to speak directly with a criminal defense lawyer immediately.
San Diego Drug Crimes overview
What Are Drug Offense Charges?
San Diego drugs and narcotics charges are very serious charges that can derail someone's life and freedom.
Possession or transportation of controlled substances, possession of drug paraphernalia, the sale of narcotics, methamphetamine, manufacturing of narcotics, or even driving under the influence of these drugs are considered a crime when you have them illegally.
These narcotic crimes in the city falls under the California Health and Safety Code 11377 HS.
The good news is that when a skilled drug crimes lawyer is hired, he or she can help a great deal in fighting the charges to be reduced.
With the help of the right defense lawyer, you can actually have the case thrown out of the court.
State and Federal Jurisdiction For Drug Crimes in San Diego, CA
Certain San Diego drug crimes fall under both or either federal and state laws and are then offenses against each sovereignty and punishable by both the federal and state governments.
Controlled substances in the city are regulated by the United States Controlled Substances Act of the United States Code and by the State of California under the California Health and Safety Code.
Since a single criminal act can violate both federal and state law at the same time, both governments can prosecute a defendant for the same offense.
Believe it or not, Double Jeopardy does not apply to these dual prosecutions!
However, in general, possession offenses are prosecuted in San Diego state court unless the possession occurs on Federal Property.
Crimes for sale, transportation, and/or manufacturing can go either way, though normally cases with greater quantity are more likely to be Federal Cases.
In some cases, the DEA and Federal Agents will be involved in a prosecution that ends up in State Court because the bust is deemed too small for Federal Court.
The decision to send a case to either State or Federal Court has huge consequences for the Defendant.
First, Federal mandatory minimum sentencing guidelines are severe. An individual can end up serving years in federal prison for the same offense that ends up with only probation in the State court.
Second, san Diego courts have Prop 36 sentencing for personal use cases.
Finally, in State court, the medical marijuana defense is available to certain marijuana offenses. While the medical marijuana card is useless in Federal court.
Experienced drug lawyers San Diego can explain the law better, so reach out to an expert for more details.
Defense Strategies For Drug Offense Charges in San Diego, CA
There are many defense strategies a drug crimes lawyer can use to get your drug charges thrown out or reduced significantly.
Looking into how you were arrested by law enforcement could be one of those strategies. There are times where the San Diego police do not read people their rights properly when arresting them.
Law enforcement may also use bogus search warrants and entrapment strategies.
When these mistakes are discovered by an attorney he or she can file for the pieces of evidence to be suppressed.
Other possible defenses your San Diego are that you were not aware of the drug or that the drug was a legal prescription.
Cases a Lawyer Can Help With
Here are the types of San Diego drug crimes cases a drug crimes lawyer can help you with:
- Possession of Drugs
- Drugs for Sale
- Transporting Drugs
- Manufacturing Drugs
- Marijuana Offenses
- Medical Marijuana Defense
- Other Drug Offenses
- Being Under the Influence
- Prescription Offenses
- PC 1000 Sentencing
- Prop 36 Sentencing
Contact a San Diego Drug Crime Law Office For Consultation
To schedule a FREE consultation with a drug crimes lawyer visit The San Diego Criminal Defense Pros contact page to get the call number to call.
You need the help of an that can get results in San Diego courtrooms.
Lawyers who are experienced and skilled will be able to get your case dismissed or reduced or seek drug programs that will allow you to avoid prison.