If you are looking for Los Angeles drug transportation lawyers, we can help. At Lluis Law we have over 50 years of combined legal practice dealing with all types of drug-related cases.
The transportation of controlled substances is punishable by both federal and state laws with up to 5 years in prison. Whether in motor vehicles such as cars, trucks or planes, on trains, boats or jet skis.
Call now to request a consultation with one of our Los Angeles drug crime lawyers.
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The Best Lawyers For Drug Transportation Crimes In Los Angeles, California
California Health and Safety Code Section 11352 expressly prohibits the transportation of drugs for sale. As well as the importation into the state of any type of controlled substance with the intention of sale.
The trafficking and transportation of drugs through the state has become a frequent and severely prosecuted crime given its border condition.
- Transportation of controlled substances within the state is handled by the state attorney’s office.
- If the drug is transported across state or international borders, it falls under federal jurisdiction.
To defend yourself against such an accusation, it is essential to have a criminal lawyer by your side who is an expert in drug transportation cases. Regardless of the type of drug involved, including cocaine, methamphetamine, crack, heroin, marijuana, ecstasy, or other. Even prescription drugs.
What Do We Do For You?
In a consultation we will tell you your real available options.
- If you hire us, we will be by your side at every stage of the judicial process to assist and represent you.
- We have acted in hundreds of cases in Los Angeles and the rest of California. With 50 years of combined experience, commitment to the client goes hand in hand with our expertise.
- Not everyone charged with transportation or drug trafficking is guilty. For us you will be innocent until proven otherwise.
- We seek the best way to protect your rights and offer you a solid defense.
Penalties For A Drug Transportation Conviction
Sentences for this crime vary by jurisdiction (state/federal). The amount of drug transported, the geographical area where it was seized, if there are minors involved and other elements also have an influence.
Also, the criminal record of the defendant for drugs or any other felony or misdemeanor. Being charged with a crime for transportation of a controlled substance in California can carry prison sentences and important fines. Among these:
- Imprisonment in a state jail for up to 5 years.
- Fines for large amounts (up to $20,000).
- Court ordered drug counseling/rehab courses.
- Community service.
- Permanent review on your criminal history.
- Deportation if you are an undocumented alien.
- Trouble getting into college, getting scholarships, or any other state financial benefits.
If the person accused of the crime of transporting drugs has reoffended, the sanction increases. Instead if it is the first offense, he could be a candidate for a prison substitution program. According to the behavior shown by the defendant and the circumstances surrounding the event.
Generally, the transport of drugs is associated with other criminal offenses such as homicide, possession of weapons, robbery and others. So the defense of a person accused of this crime requires extensive knowledge of the law and experience.
Additional Penalties For Drug Transportation
|Transportation of controlled substance (cocaine, heroin)||Additional sentence|
|More than 1 kg||3 years|
|More than 4 kg||5 years|
|More than 10 kg||10 years|
|More than 20 kg||15 years|
|More than 40 kg||20 years|
|More than 80 kg||25 years|
How Does This Crime Affect Child Custody?
A drug transportation charge also affects for keeping custody of the children. If they do not have another person to take care of them, the children can be placed in a care home while you are serving the sentence.
Upon release from prison it will not be so easy to regain custody of the children. The court must first ascertain that you are a good father/mother to your children.
Is It Possible To Lose The Right To Arms?
The prohibition of buying and possessing firearms can be another consequence of the crime of transporting drugs. For at least 10 years, a convicted felon will be prohibited from possessing and using deadly weapons.
Possible Defenses Against Drug Transportation Charges
The defense strategy is outlined according to the nature and specific details of the case. Therefore, when we take a case we make sure to review even the smallest element.
That is to say, the procedure for the search and seizure of the drug, the arrest, the promotion of evidence and the place. In addition to the type and amount of drugs seized and the way it was transported.
All drug cases are different from each other, there are always mitigating or aggravating elements present in them. Some of the strategies that we apply at Lluis Law to defend our clients for this crime are based on:
- An illegal search and seizure process.
- Inability of the police to establish probable cause.
- Wrong arrest by the police.
- The defendant was forced to participate in the illegal activity.
- Use of entrapment or deception by the police.
- Improper or manipulated police submission of evidence.
- Lack of evidence or insufficient evidence submitted by the prosecutor.
- The client was unaware of the existence of illegal drugs on their property (vehicle).
- The defendant is a minor without due guidance from his parents.
- The drug found was for personal use.
Benefits Of An Expert Drug Lawyer
The benefits of hiring an expert lawyer for drug related cases translate into advantages and greater possibilities for the client. Despite the fact that the law is very severe regarding this type of crime.
- The first thing will be to carry out an exhaustive review of the case where the lawyer can do his own investigation. Flaws in police legal procedures or evidence that does not hold up may be discovered.
- It is necessary to know how the case will be filed and with what charges to build a solid defense.
- Taking the case early is crucial to cover each stage of the court process.
- Sometimes it will be possible to negotiate with the prosecutor to obtain advantages in your favor. In others, it will be fought to the end until the charges are dismissed.
On the other hand, our expert drug transportation lawyers in Los Angeles will find a way for you to keep your freedom. If this is not possible due to the seriousness of the charges, they will ensure that you are given the most appropriate legal representation.
Elements Of Evidence For The Crime Of Drug Transportation
To prove the guilt of a defendant for the crime of transporting a controlled substance, it is required to prove that:
- The defendant is guilty of the crime of transportation or sale of a controlled substance. For this, the prosecutor must in turn be able to demonstrate several elements in the process:
- The defendant transported, imported, sold, supplied, administered or gave away controlled substances in California or offered to collaborate in these acts.
- The accused were aware of the presence of the drug.
- The defendant knew of the nature of the controlled substance.
- The amount of drug found was a “usable amount.”
- To establish the crime of transportation, it is not necessary to travel a long distance with the drug:
- It is enough to carry a stash, batch or shipment of narcotics from one house to another.
- Furthermore, the drug must be physically present during the procedure.
What Is Considered A Controlled Substance In California?
Controlled substances are classified according to their dangerousness and the degree of physical or psychological dependence they generate. The prohibition of the transport or sale of drugs is applied according to their category.
In our article on the manufacture of a controlled substance in California you will find precise information on this highly penalized crime in Los Angeles and the rest of the state.
Schedule 1 drugs
They have a very high potential for danger and abuse and dependence for those who consume them, for example:
- Lysergic acid (LSD).
- Marijuana (cannabis).
Schedule 2 drugs
These types of controlled substances have a high potential for abuse, but less than those of classification 1. For example:
- Hydromorphone (Dilaudid).
- Meperidine (Demerol).
Schedule 3 drugs
They are defined as controlled substances with a moderate potential for physical and psychological dependence. Its abuse potential is lower than the previous two groups of drugs. For example:
- Tylenol with codeine.
- Anabolic steroids.
Schedule 4 drugs
These types of substances or drugs have a low potential for abuse and risk of dependence. For example:
Schedule 5 Drugs
These chemical substances are classified with a lower abuse potential than the previous ones. They include drugs such as analgesics, antidiarrheals and antitussives. For example:
- Robitussin AC.
Not all controlled substances are treated equally in California. The sale or transportation of drugs with the intent to sell applies to multiple categories of drugs.
Prescription Drug Transportation Charges
The transportation and sale of prescription drugs are also punishable by California law. Both offenses carry penalties similar to those imposed for the transportation/sale of drugs such as cocaine/heroin.
These are some medicines that carry penalties for their illegal transportation:
- Hydrocodone / Vicodin.
- Oxycodone / Oxycontin.
- Oxymorphone / Darvon.
- Hydromorphone / Dilaudid.
- Fentanyl / Duragesic.
A person, even with a valid prescription for these medications, cannot transport or sell them either. The sanctions for illegal transport of medicines or illegal transport with the intention of selling, thus establishes it.
Although marijuana laws in California allow its possession and use, unauthorized transportation is illegal.
What Is The Drug Whose Transportation Is Most Penalized In The United States?
It is methamphetamine, because it is classified among the most harmful. Their potential for physical and psychological abuse and dependence is very high. Therefore, any crime related to this drug, including transportation, is punished more severely.
The Drug Enforcement Administration (DEA) classifies it between groups 1 and 2 of the most dangerous drugs. The seizure of 5 grams of methamphetamine carries a prison sentence of at least 5 years.
Other Crimes Related To The Transport Of Drugs
These are the most common crimes that appear related to the transport of drugs in California:
- Possession of a controlled substance with intent to sell – California Health and Safety Code 11351 .
- Sale or transportation of marijuana – California Health and Safety Code 11360.
- Sale or transportation of methamphetamine – California Health and Safety Code 11379.
If you need to be represented by our Los Angeles drug transportation lawyers you can call us right now. Our criminal defense attorneys are drug specialists as well as expert immigration lawyers in Los Angeles.
If you are facing deportation proceedings, our immigration knowledge will be essential.
LATINOS WITH OVER 50 YEARS EXPERIENCE
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