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Fighting Drug Trafficking Charges in San Francisco
Fighting Drug Trafficking Charges in San Francisco
How Drug Trafficking Charges Work
California law divides controlled substance offenses into simple possession, possession for sale, transportation, and drug trafficking. Trafficking charges are the most serious and carry the harshest penalties.
According to California Health and Safety Code 11352, you can be charged with drug trafficking if you:
- Transport, sell, furnish, administer, or give away illegal drugs
- Possess drugs with the intent to do any of the above
The key is intent. Prosecutors don’t need to prove you actually sold drugs. Just having a large quantity or other evidence that shows intent is enough.
Penalties vary based on the type and amount of drugs, your criminal history, and other factors. But potential sentences for trafficking include:
- 3-5 years in state prison
- Fines up to $50,000
- Felony record
With so much at stake, putting up a strong defense is critical.
Common Defenses Against Drug Trafficking Charges
The best defense depends on the details of your case. But some common options include:
No Intent to Sell
Lack of intent is one of the most effective trafficking defenses. Just having drugs doesn’t mean you planned to sell them. Your attorney can argue you intended to consume the drugs personally.
Entrapment
This defense claims law enforcement induced you to commit a crime you wouldn’t have otherwise. For example, if an undercover cop pressured you into a drug sale you were reluctant to make.
Illegal Search
If police violated your 4th Amendment rights by searching you or your property without probable cause, any evidence found may be inadmissible. This could get the charges dismissed.
Misidentification
Eyewitness misidentification is a common cause of wrongful convictions. If witnesses mistakenly identified you, your attorney can challenge the accuracy of the identification.
Entrapment by Estoppel
This rare defense applies if you reasonably relied on statements by government officials that your conduct was legal. For example, if a cop told you it was okay to deliver a package you didn’t know contained drugs.
What to Expect Fighting Trafficking Charges
Here’s an overview of the typical process after an arrest for drug trafficking:
- Arrest and booking – You’re handcuffed, photographed, fingerprinted, and held until bail is set.
- Hearing and bail – At an initial hearing, bail is set or you’re released on your own recognizance. Bail depends on flight risk, criminal history, etc.
- Preliminary hearing – The prosecution must show probable cause you committed the crime to proceed to trial.
- Plea bargaining – Many cases end in a plea deal. An agreement to plead guilty in return for reduced charges or a lighter sentence.
- Trial – If no plea deal, the case proceeds to a jury trial. The prosecution must prove guilt beyond a reasonable doubt.
- Sentencing – If found guilty, the judge determines your penalty within statutory guidelines.
- Appeal – You can appeal based on legal errors, insufficient evidence, and other issues.
The process is complex and every case unique. But an experienced trafficking crimes attorney can help guide you through each step.
Finding the Right Lawyer
Fighting drug trafficking charges takes skill, resources, and determination. It’s critical to have an assertive attorney who thoroughly investigates, aggressively litigates, and actively negotiates on your behalf. Look for a lawyer who:
- Focuses specifically on drug crimes defense
- Has extensive trial experience
- Negotiates favorable plea deals
- Makes you feel heard and supported
Don’t leave your defense to chance. Drug trafficking convictions can carry life-changing consequences. With an experienced legal team, you can avoid mandatory minimums and fight for the best possible result.