The criminal offense of transporting drugs is covered under the California Health and Safety Code, Section 11352. Under this law, it is a crime to transport, import, sell, furnish, administer, or give away an illegal controlled substance. The law also makes it illegal to offer to transport, import, furnish, sell, or give someone a controlled substance.
The law applies to anyone that transports drugs in any manner. This means a person could be charged if they transport a controlled substance on foot, on a bicycle, or in a vehicle. To be guilty of this offense, a person must transport the drugs for the purpose of trafficking, importing a substance from another country or state, to administer drugs to someone, or to give drugs away.
The penalties for those convicted of transporting drugs are harsh. This crime is a felony offense punishable by three, four, or five years in prison. Other penalties for this crime include:
- A permanent felony drug conviction on your criminal record, which can make it difficult to obtain employment and more
- A revocation of a professional license that allows the defendant to practice in law, healthcare, or another profession
- Deportation for immigrants that are lawful permanent residents and visa holders, or denial of a visa
- Denial of academic opportunities, such as ineligibility for a scholarship or a federally backed student loan
- A ban of owning a firearm for a minimum of ten years, as is the case with any felony offense
When pursuing your case, the prosecution must show that you transported a controlled substance in any of the above manners. They must also show that you were aware the substance was illicit drugs, and that there was enough of the drug to indicate you intended to sell it. The prosecution must also show that your own actions showed you had an intent to sell the drugs. Refuting and challenging these elements can provide a solid defense.
Challenging the arguments of the prosecution, as well as the evidence they present, is one way to defend against charges for the transportation of drugs. However, there are others, as well. After reviewing the facts of your case, a lawyer may use one of the following:
- You were transporting a controlled substance, but you were not aware of the illicit nature of the items you were carrying
- The amount of the controlled substance you were transporting is not sufficient enough to be used as a controlled substance
- Proving the drugs and other evidence against you was obtained through an unlawful search and seizure and therefore, it is inadmissible in court
When you can successfully make these arguments, it may be enough to get your charges reduced or dismissed completely. It is important to work with a criminal defense lawyer who can help.
If you have been charged with
the transportation of drugs, call 805-477-0070 now.
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The above is general information and does not constitute legal advice. If you need professional legal advice about your case, our California criminal defense lawyers at The Law Offices of David Lehr can examine the facts of your case and help you prepare a solid defense strategy. We serve clients in Ventura, Oxnard, and Camarillo, California and we want to help you retain your freedom, too. Call us today or contact us online to schedule a free case review.
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