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Criteria for Sale and Transportation
First, you must have been found to have the drugs in your possession. They must be a controlled substance or narcotic. You must be aware that you had the drugs in your possession, and you must also be aware that they are a controlled substance. The drugs must actually move from one place to another. So if you are carrying methamphetamine in your bag and are stopped by the police, you can be charged with sale and transportation.
You can be charged with sale and transportation even if you had intended to simply use the drugs yourself.
Defenses to Sale and Transportation
One of the main defenses to this crime is that the subtance was prescribed by a doctor legally. This is often the case with pain medication. Even if you have a higher than legal dose of medication, you can be found not guilty. If you are carrying a large amount of pain medication on your person, you may be able to convince the judge that the drugs were prescribed to you for personal pain relief.
Another defense is that you did not transport the drugs. If you were simply sitting on a park bench with the drugs, your attorney can argue that you should be found not guilty of the transportation charge.
Finally, if you think that you were a victim of entrapment, you can use that in court to fight your case. If the police come to you and encourage you to sell or transport drugs, you may be found not guilty of the charge. This is a common defense when there are undercover narcotics agents involved in your arrest.
Penalties for Sale and Transportation in Los Angeles
The penalties for sale and transportation of drugs in California are harsh. If this is your first offense, you may be ordered to serve one year in county jail as well as a term of 3-5 years of probation. You may be facing between three and nine years in prison if convicted. This offense is a felony, but will not count as a “strike” against you. You will also have to pay fines of up to $20,000 if the judge decides to add those on as well. At minimum, you may have to perform hours of community service.
Drug offenses are serious charges in the state of California. You can face a permanent criminal record, decreased job opportunities and the loss of your freedom. Fines can be hefty and take years to pay off. The best way to beat this case is to hire an experienced, aggressive and knowledgeable attorney who understands the law.
Your attorney can challenge the evidence presented against you. They can convince the jury that the arrest was illegal or that the evidence was not obtained legally. They will challenge eyewitnesses and pick apart testimony from prosecution witnesses. Your lawyer will not stop fighting until you have the best possible outcome in your case.
Don’t wait to find an attorney. If you have been arrested for sale and transportation, you have a limited time to prepare. Call your skilled attorney today.