The California criminal justice system takes all cases involving drug crimes very seriously. If you are arrested under suspicion of trafficking of scheduled drugs, the legal and personal consequences can be extensive. While you may feel like the entire criminal justice system is against you, that is not the case. You can build a strong defense case by contacting a trusted San Diego drug trafficking lawyer today.
If you have been accused of drug trafficking crimes, the first step you should take is to immediately contact Bernal Law to discuss your case. Our San Diego drug trafficking lawyers can launch a full investigation into the charges being brought against you and decide what the best legal steps are for you moving forward to ensure your rights and interests are protected. Our drug trafficking attorneys in San Diego can ensure you have a fair trial and will fight to have the charges being brought against you reduced or dropped altogether.
UNDERSTAND THE DIFFERENCE BETWEEN DRUG TRAFFICKING AND DRUG DISTRIBUTION CHARGES
Although these two separate crimes are often considered to be the same, drug trafficking and drug distribution are two separate charges. If you are charged with either or both, our legal team will need to go through all of the available information to determine exactly what led to these charges, the events surrounding your arrest, and the investigation before your arrest, and use this information to determine the next best step to build your defense case.
The difference between drug trafficking and drug distribution can be a key factor in defending your case successfully. These differences are as follows:
Drug Trafficking
A person may be charged with drug trafficking when they are accused of the following situations:
- Distributing or transporting drugs across state lines
- Selling drugs in a federally-designated High-Intensity Drug Trafficking Area
- Found transporting a significant quantity of methamphetamines
Beyond these three situations, there are other ways that an arresting officer may attempt to increase lower-level misdemeanor charges to felony drug trafficking. If this occurred in your case, Bernal Law will investigate to determine if these higher-level charges are accurate.
Drug Distribution
Drug distribution charges often are charged in conjunction with trafficking charges, but it is important to remember they are two separate charges. Drug distribution includes the act of selling, transporting, transferring, or importing illegal substances. However, California law does allow adults over the age of 21 to transport, possess, or gift up to 28 grams of marijuana within the state borders. This means that distribution charges do not apply for marijuana until the amounts exceed one ounce or the substance is transported across state or federal borders.
DRUG TRAFFICKING PENALTIES
You can face a variety of legal penalties when you are charged with a crime as serious as drug trafficking. San Diego drug trafficking Attorney Pedro Bernal, Esq. will work hard to build your defense case and fight to have the charges against you reduced or dropped.
The legal penalties you may face if convicted of drug trafficking include the following:
State Penalties
Drug trafficking in California is a felony crime with penalties including jail time of a minimum of three years up to nine years. There is also a maximum fine of up to $20,000. Additionally, there are aggravating factors that may increase penalties, including:
- Transporting more than a certain volume of drugs
- Selling drugs to a minor
- Trafficking drugs in or near a drug treatment facility
- Providing drugs to certain people like pregnant individuals, felons, or people with a mental health disorder
Your San Diego drug trafficking lawyer can help you build a defense strategy for the specific penalties you may be facing.
Federal Penalties
Federal penalties for drug trafficking are typically determined by the quantity of drugs involved and whether or not the use of these drugs leads to injury or death.
Federal penalties for drug trafficking can range from five years in prison to life in prison. Suspects may also face fines that typically range from $5 to $20 million. Your drug trafficking lawyer in San Diego may be able to reduce the fines depending on which substance is being trafficked and its placement on the Federal Drug Classification Schedule.
For help avoiding serious legal penalties like jail time, contact Bernal Law today.
Common Defense Strategies for Drug Trafficking Charges
Being charged with drug trafficking is a serious situation, but it’s essential to remember that effective defense strategies exist. Understanding these defenses can be crucial throughout the legal process.
Constitutional Rights Violations
If law enforcement or prosecutors violate your Constitutional rights during the arrest or investigation, it can serve as a potent defense. Common violations include illegal searches (Fourth Amendment), Miranda rights violations, and denial of the right to counsel. Your San Diego drug trafficking attorney can challenge the admissibility of evidence obtained through these violations.
Chain of Custody
Prosecutors must prove guilt beyond a reasonable doubt, and this includes establishing a clear chain of custody for evidence. For drug cases, documentation of evidence collection, storage, and handling is crucial. Any lapses or discrepancies in the chain of custody can raise doubts about the integrity of the evidence presented in court.
Lack of Knowledge
A defense based on lack of knowledge distinguishes between actual possession and constructive possession. If you were unaware that you were holding drugs or lacked control over them, your drug trafficking attorney may argue that true possession did not exist, challenging the charges against you.
Entrapment
In specific situations, your drug crimes attorney might argue entrapment, asserting that external coercion led you to engage in drug-related activities that you wouldn’t have undertaken otherwise. This defense may be challenging to prove, especially if there’s a prior criminal record related to drugs.
Insufficient Evidence
A fundamental defense in any criminal charge is to challenge the sufficiency of the evidence. If the prosecutor’s evidence is circumstantial or unreliable, your San Diego drug trafficking attorney can argue for dismissal or negotiate from a position of strength in plea negotiations.
Drug Treatment as an Alternative
While not a direct defense, volunteering to attend a drug treatment program can serve as an alternative to incarceration. The availability of such programs and the prosecutor’s willingness to consider dismissal may vary by jurisdiction.
Alibi
Proving that you were not present at the location where drug-related activities occurred can be a viable defense. If your alibi is more credible than the prosecution’s witnesses, it can raise reasonable doubt regarding your involvement.
Character Defense
Your criminal defense attorney can introduce evidence of your good character, emphasizing factors such as your history or upbringing that might explain vulnerabilities or lack of coping mechanisms. They may argue that you don’t fit the profile of someone involved in drug trafficking.
In navigating drug trafficking charges, having an experienced attorney, such as those at Bernal Law, is crucial. Our knowledge and expertise can help tailor these defense strategies to the specific circumstances of your case, offering the best chance for a favorable outcome.
The Crucial Role of an San Diego Attorney When You’re Facing Drug Trafficking Charges
Facing drug trafficking charges can be an overwhelming and stressful experience. The legal process is complex, and the consequences of a conviction are severe. During such challenging times, having an experienced attorney by your side can make a significant difference.
Legal Expertise and Guidance
An attorney specializing in drug trafficking cases brings extensive legal expertise to your defense. They understand the nuances of drug laws, federal and state regulations, and the complexities of the legal system. This knowledge allows them to provide informed guidance tailored to the specifics of your case.
Constitutional Protections
Your San Diego drug trafficking attorney plays a crucial role in safeguarding your constitutional rights. They will scrutinize the actions of law enforcement, ensuring that no violations of your Fourth Amendment rights against illegal searches and seizures or Fifth Amendment rights regarding self-incrimination occur during the investigation and arrest.
Case Evaluation and Defense Strategies
One of the initial steps involves a comprehensive evaluation of your case. Your attorney will examine the evidence against you, scrutinize the procedures followed by law enforcement, and identify potential weaknesses in the prosecution’s case. Based on this analysis, they will develop a robust defense strategy tailored to your specific circumstances.
Negotiating Plea Bargains
In some cases, negotiating a plea bargain may be a strategic move. Your attorney can engage with the prosecution to explore the possibility of reduced charges or sentencing in exchange for a guilty plea. This negotiation aims to secure the best possible outcome considering the evidence and circumstances.
Challenging Evidence and Procedures
A skilled attorney will challenge the admissibility of evidence obtained through questionable procedures. Whether it’s contesting the chain of custody for seized substances or questioning the reliability of certain evidence, these challenges aim to weaken the prosecution’s case.
Protecting Your Rights During Trial
If your case proceeds to trial, your attorney serves as a dedicated advocate, ensuring that your rights are protected throughout the legal proceedings. They will cross-examine witnesses, present counterarguments, and work to create reasonable doubt in the minds of the jury.
Exploring Alternative Sentencing Options
Beyond traditional courtroom strategies, your attorney may explore alternative sentencing options. This could involve advocating for participation in drug treatment programs, community service, or other rehabilitative measures that demonstrate your commitment to change.
Having a skilled and experienced attorney when facing drug trafficking charges is essential to protecting your rights and best interests. At Bernal Law, we are dedicated to providing expert legal representation, protecting your rights, and pursuing the best possible outcome for your case. Your future deserves the best possible defense, and we’re here to help you every step of the way.
GET HELP WITH YOUR DRUG TRAFFICKING DEFENSE CASE TODAY
Regardless of the circumstances surrounding your drug trafficking case, you deserve a fair trial. By hiring our proven San Diego drug trafficking attorney to handle your case, our San Diego drug trafficking lawyers can ensure you have a strong defense case and that your rights and interests are protected.
Bernal Law, led by Pedro Bernal, a former prosecutor with almost a decade of experience, brings a unique advantage to your defense. Fluent in both English and Spanish, Pedro Bernal’s background includes prosecuting complex white-collar crimes, fraud cases, and drug trafficking offenses during his tenure as a Deputy District Attorney in the San Diego District Attorney’s Office. If you have been charged with a drug trafficking crime in San Diego, contact the legal team at Bernal Law to discuss the details of your case today by filling out our contact form or calling (619) 736-9092.
