Drug Crimes

Drug Crimes

In general, drug crimes include the use, possession, and distribution of certain controlled substances.  Drug crimes have become one of the most common types of crimes in California and in most other jurisdictions.

 

Often the single most important question in a drug case is how did the police obtain the drugs?  Did they have a search warrant?  Was it an illegal search and/or seizure?  Typically if the drugs are found in the Defendant's possession then the best possible defense is a motion to suppress the drugs based on a violation of the Defendant's 4th Amendment rights.

Another important question in drug cases is whether the Defendant is charged with possession for personal use or possession for sale of drugs.  Possession for personal use cases can often be plead out using Prop 36 drug treatment instead of jail time.

 

Call (858) 444-5256 or use our contact form to speak directly to a San Diego Criminal Defense Attorney experienced in the defense of drug crimes

What are Controlled Substances?

Not all drugs are considered illegal, only those specifically described in the California Heath and Safety Code.  The law is specific as to what chemical compounds are outlawed.  Therefore, the slightest deviation in chemical makeup of a substance can result in it not being subject to criminal prosecution.  The most common drugs are cocaine, heroin, marijuana, and various amphetamines and meth.

The Elements to Possession Crimes

There are four basic elements to a possession crime:

  • Exercised control over, or the right to control, the drug in
    question
  • had knowledge of its presence
  • had knowledge of its nature as a controlled substance
  • the substance was in an amount sufficient to be used as a controlled substance.

Depending on the facts of each specific case, a common defense in drug possession cases is to attack each of or one of these four elements.   

For further information on drug offenses, please contact our office directly.  There are numerous types of drugs and drug laws.  Each specific case and each specific set of facts can vary the type of law violated, the defense used, and/or the sentencing and punishment upon conviction.

 

All of these issues can be very complex and very case specific.  Thus, it is difficult to give too much general information regarding drug crimes without knowing the specific facts of your case.  Call (858) 444-5256 to speak directly to attorney Brian Mason or use our contact form to email us.

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