If you were arrested on this charge, the Los Angeles drug trafficking attorney at Lluis Law can help. Our firm has two attorneys with a combined experience of over 50 years representing hundreds of clients with favorable results.
Our Los Angeles drug crimes lawyers ensure that your rights are protected and offer capable and efficient legal representation.
The Best Attorney Specialized In Drug Trafficking Crimes In Los Angeles, California
Drug trafficking is one of the crimes most punished by US law. Likewise, in California, it is considered a felony and is severely punished by the courts.
So if you have been arrested on a drug charge you must act quickly. You will need the representation and legal assistance of a competent attorney who defends you with passion and safeguards your rights.
The crime of drug trafficking covers the manufacture, cultivation, smuggling and transportation of drugs, among others. Either within the US or through the state of California. Consequently, the defendant may face state or federal charges.
Even if you are not directly responsible, you will need a drug attorney to represent you. At Lluis Law we pride ourselves on being one of the best defense law firms for drug trafficking charges in Los Angeles.
Consequences Of A Drug Crime Conviction
Penalties for drug-related offenses and possession of controlled substances carry penalties that include:
- Imprisonment in a state or county jail depending on the type of crime.
- Miscellaneous fines imposed by the court.
- Mandatory attendance at drug treatment programs and/or community service.
- Loss of a business and even a driver’s license.
- Confiscation of properties and bank accounts.
- Difficulty finding work or setting up a business.
You may also be interested in reading our article on resisting arrest in California.
Most Common Drug-Related Cases In Los Angeles
These are some of the most frequent drug cases that we handle in our office:
- Possession for sale of a controlled substance.
- Manufacture of a controlled substance in California.
- Drug transportation in Los Angeles.
- Marijuana-related crimes (cultivation, possession, distribution and sale).
- Prescription drug fraud.
- Drug trafficking.
The drugs that usually appear involved in these cases are:
- Marijuana (cannabis).
- LSD (hallucinogenic lysergic acid derivative).
- Oxycontin medication.
California Drug Trafficking Charges And Penalties
Trafficking in controlled substances is illegal in the state of California under various codes, including:
Health And Safety Code 11352 – Drug Trafficking
The law makes it illegal to do any of the following activities with controlled substances (narcotics):
- Processing and packaging.
- Supply or gift.
Drug trafficking charges are punishable by state and federal drug laws. Such charges carry prison sentences of three to nine years, if the offense is a first time. If the defendant is a repeat offender and falls within the three strikes law, the penalty increases.
The amount of drug found and the circumstances of the event also count. As well as the individual’s criminal record. If you need to clean your criminal record, our experts are highly experienced.
The larger the volume of the drug seized, the greater the punishment including prison sentences and fines.
For trafficking from 500 to 4,999 grams of cocaine, the penalty can be up to 40 years in prison, if there are aggravating circumstances. Plus $5 million in fines, under federal drug law.
Traffic With Intent To Sell
California state law provides for up to five years in prison and $20,000 in fines for drug trafficking. Additionally, trafficking with the intent to sell is punishable by up to nine years in prison and $20,000 in fines.
- When bodily injury to another person is involved in the crime of drug trafficking, the punishment is more severe.
- The federal or state prosecutor’s office asks for additional penalties if drugs are supplied to minors or disabled people.
- In drug trafficking cases, prosecutors often seek a conspiracy charge for the crimes.
- Said charge further complicates the case because it offers prosecutors greater room for maneuver since it allows them to:
- Have more time to expand their research.
- Close deals with the defendant or their attorney.
- Submit as evidence rumors and statements of dubious origin.
Federal Penalties For Drug Trafficking
The type of drug and the quantity, as well as the criminal record, are key for the imposition of the punishment. Likewise, mitigating or aggravating factors are taken into account around the case.
If you are accused of a drug trafficking crime for the first time, the penalties can be:
10 Years In Prison (Minimum)
For one charge of trafficking substances containing:
- Heroin (1 kilogram).
- Coca leaves, cocaine and isomers (5 kg).
- Cocaine base (280 grams).
- PCP (100 grams).
- PCP mixtures (1 kg or more).
- LSD (10 grams).
- Fentanyl (400 grams).
- Marijuana (up to 1,000 kg).
- Methamphetamines, their salts or isomers (50 grams).
- Methamphetamine, its salts or isomers (1 kg).
4 – 20 Years In Prison
If it is your first crime, you can receive this sentence for trafficking a substance that contains:
- Heroin (100 grams).
- Cocaine, coca leaves, cocaine salts and isomers (500 grams).
- Cocaine base (up to 28 grams).
- PCP (10 grams).
- PCP mixture (100 grams or more).
- LSD (up to one gram).
- Fentanyl (up to 40 grams).
- Marijuana (100 kg).
- Methamphetamine, its salts or isomers (5 grams).
- Methamphetamine, its salts or isomers (50 grams or more).
Up To 5 Years In Prison
For trafficking less than:
- 50 kilos of marijuana or a crop of 50 or more cannabis plants regardless of weight.
- 10 kilos of hashish.
- 1 liter of hash oil.
These penalties are increased if the defendant has other prior convictions for other drug-related offenses or any felony. Also if anyone suffered serious bodily injury or died during the arrest.
Health And Safety Code 11379 (Meth Trafficking)
Transporting, importing into the state, selling, supplying, administering, or giving away methamphetamine is also illegal. The most common methamphetamines in California are: meth, blow, speed, rock, chalk, tina, ice, glass, and crank.
These drugs classified as dangerous are among the most abused in California. Individuals who are convicted of some of these crimes associated with methamphetamine trafficking can receive severe penalties.
Punishments for trafficking methamphetamine in the state range from three, six and up to nine years in state prison.
Health And Safety Code 11360 (Marijuana Trafficking)
Although marijuana is legalized in California, its trafficking is also penalized. Even possession without a proper license is punishable. The medicinal and recreational use of cannabis is allowed, but its trafficking is not.
The regulations of this drug allow only the possession of small doses for personal use. Marijuana trafficking includes the transportation, importation, sale, supply, or gift without a valid license.
Individuals charged with this crime may face misdemeanor charges, depending on the amount. Although if the defendant also has a criminal record, traffics large quantities or sells it to minors, the crime is a felony. Therefore, the punishment for this crime rises to two, three or four years in prison.
In our article marijuana laws in California you will find more information on the subject.
Other Charges related to Drug Trafficking
Some of the most frequent crimes that our drug trafficking attorney in Los Angeles handle that are related to the trafficking of controlled substances are:
This offense includes possessing any of the controlled substances set forth in the California drug law. Such substances can be illegal drugs such as:
- Cocaine, marijuana, ecstasy, heroin and others; or
- Prescription drugs (Oxycontin, Valium, Phentermine) without a valid prescription for your possession.
Under The Influence Of Drugs
Drug use is also punishable in California, if the person is arrested under the influence. The law considers that being under the influence of illegal drugs constitutes a form of possession of the prohibited substance.
Possession With Intent To Sell
When, in addition to the possession of drugs, the intention to sell them is established, the offense becomes even more serious. During a drug trial, the seriousness of the charges depends on the circumstances of the crime.
That is, the amount of drugs / medication found during the arrest and the disposition of the substance. Also, the paraphernalia used, the way the drug is packaged and others.
Here once again, the charges vary depending on the amount of drug found and the way it was transported. Apart from the intention of transporting the drug for sale.
Possession Of Drug Paraphernalia
Paraphernalia are the tools used for the sale or consumption of drugs. For example, pipes, injectors, spoons, scales, tubes, bags and so on.
The charges for possession of paraphernalia for the use / sale of drugs are in addition to the other charges that are established.
Prescription Drug Fraud
Fraud can occur in two ways:
- For forging a physician’s signature on a prescription or,
- For prescribing a drug to patients as a placebo to make them believe that they will be cured. Generally, in complicity with the drug manufacturer whose only purpose is to increase sales.
Driving Under The Influence (DUI)
DUI charges are not only related to driving drunk or with a high degree of alcohol in the blood 0.08 g / dl. But also for driving under the influence of drugs, including marijuana that is legal in California and certain prescription drugs.
Driving under the influence of prescription drugs that impair judgment or the ability to drive responsibly is also illegal. The DUI crime can be considered a felony, depending on the degree of intoxication and the circumstances of the act.
An example is if you cause a car accident or are involved in a hit-and-run case. In the link to the article of DUI lawyers in Los Angeles you will find more information on this topic.
Aggravating Factors Of The Crime Of Traffic
Both federal and state laws establish aggravating factors for the crime of drug trafficking. The background of the defendant (associated or not with drug trafficking), the type of drug and the amount found, increase the penalties.
Potential Drug Trafficking Defenses
Although drug trafficking charges are extremely serious, there are certain defenses that can be invoked. For example:
- Errors and violations of rights in the procedure practiced by the police.
- Use of illegal methods to effect the arrest.
- Clients were unaware that there were drugs on their property (home, car, luggage and others).
- Possesses valid prescriptions or medication distribution permits.
- They were just an innocent bystander at the time of the arrest.
- The evidence found is not considered an illegal substance by California law.
Dismissal Of Drug Charges And Reduction Of Sentence
The violation of constitutional rights or police errors can lead the judge to dismiss the charges. If not, it is possible to try a reduction in the penalty if it is the first time and depending on the case.
To resolve these cases, it is often necessary to negotiate with the prosecution. Bargaining involves the defendant pleading guilty and collaborating with the authorities by offering valuable information.
To negotiate a sentence, you must necessarily have an experienced and capable drug attorney by your side.
Benefits Of Hiring the Los Angeles Drug Trafficking Attorney at Lluis Law
The criminal lawyers in Los Angeles at Lluis Law understand their clients perfectly but also:
- Offer compassionate and aggressive legal representation to defend your rights.
- The professional services of Lluis Law are recognized for their quality, efficiency and honesty.
- Depending on the seriousness of the case and the circumstances, we can achieve a reduction in the prison sentence and fines.
- We fight at the client’s side at all times to avoid the confiscation of their assets.
- Our lawyers know how to do their job very well and challenge the actions of the police and prosecutors.
For this reason, both Ramiro J. Lluis and David A. Lluis have well-earned prestige in the city. To learn more about the benefits of hiring a lawyer and how we can help you, call now.
If you have been charged with drug trafficking in Los Angeles, you can count on our specialist attorney. After reviewing your case we will be able to find the most suitable defense strategy for you. Call now and we’ll offer you a private, no-obligation consultation.