Oakland Drug Trafficking Charges Lawyer
Drug trafficking is considered by prosecutors and police to be a serious offense. You could be facing a long prison sentence if you have been charged with a drug trafficking charge in violation of the Uniform Controlled Substance Act. Whether you’re facing large-scale trafficking charges or your situation was a single occurrence, you need an attorney who is just as aggressive as the prosecutors coming after you. Attorney Elliot Silver is that man. He can help you avoid the harshest punishments that the system will attempt to levy on you.
To discuss your drug charges with an experienced drug trafficking charges lawyer, contact Elliot Silver at Silver Law Firm as soon as possible. Call today at (510) 995-0000.
K.M. – Oakland
California’s Drug Trafficking Laws
Drug trafficking laws in the state are defined in California Health and Safety Code Sections 11351-11379. These laws are directed at people who move drugs in any fashion with the intent to aid in their selling or distribution. Many people think that drug trafficking relates to drug dealers who are part of large cartels or distribution networks, but California’s drug trafficking law can be used against a wide variety of people.
A drug trafficking charge can be filed against you if it is possible that you possessed a controlled substance in order to do one or more of the following with it:
- Furnish or deliver to someone
- Offer to transport, sell, or furnish to someone
Additionally, it is important to understand that California’s drug trafficking law also applies to violations regarding prescription drugs. You must be careful when carrying medication that is prescribed to you by your doctor. Valid prescriptions should always be transported in a marked bottle with your name, your doctor’s name, and a current expiration date.
Punishments for Violations of California’s Drug Trafficking Laws
Violations of drug trafficking laws are felonies and can result in years in prison. It is important to note that many violations of trafficking laws are also federal offenses that can be tried in federal court.
Penalties for a drug trafficking conviction include:
- Up to nine years in prison and a $10,000 fine for the sale, transport, or import of controlled substances. Up to 15 years in prison if you have more than one kilogram of methamphetamine in your possession.
- Up to nine years in prison and a $10,000 fine for hiring or employing minors to sell or distribute controlled substances.
- Up to six years in prison for the sale, transport, or import of chemicals used as ingredients for phencyclidine (PCP) or methamphetamine.
- Up to 20 years added to your sentence if someone is injured by the use of the controlled substance that you sold or transported.
- Up to life in prison for repeated federal trafficking offenses.
- You may be deported if you are an immigrant, even if you have a visa or legal permanent residency.
- You may lose any professional license that you hold.
Defenses To Your Drug Trafficking Charges
With state and federal authorities pursuing trafficking charges, you need a skilled defense attorney working on your case. While these charges are serious, do not forget that to be found guilty, the prosecutor must prove every element of the charge against you beyond a reasonable doubt. As an Oakland defense attorney with years of experience, Elliot Silver understands how holes can be found in the case against you.
Some defenses that might be used in your case include:
- The drugs in your possession were only for personal use.
- You did not know that drugs were among your belongings because someone else put them there without your knowledge.
- You had a valid prescription for the substances in your possession.
- You did not possess enough drugs to qualify for a charge for trafficking or intent to sell.
- The search warrant was invalid.
A Skilled Defense Lawyer Will Help You
Trafficking or drug distribution charges can turn your life upside down, and you may be facing years in prison if you are found guilty. While law enforcement seeks to take down large criminal organizations and drug cartels, they also charge street-level players with trafficking crimes. No matter what your situation may be, a skilled drug trafficking lawyer will help you address your charges and clear your name. It is important to contact your lawyer as soon as possible if you have been charged with drug trafficking.
To speak with Oakland defense lawyer Elliot Silver of Silver Law Firm, do not hesitate to call (510) 995-0000 today.