Drug Sale/Transportation

In California, it is illegal to possess, distribute, and transport illegal substances. These substances include heroin, marijuana, peyote, hash, cocaine, methamphetamine, “magic mushrooms,” prescription drugs such as Oxycontin (aka “oxy”), Vicodin (Hydrocodone) (i.e., painkillers, sedatives, and stimulants), Xanax (Alprazolam), crack, and many others. If convicted, the consequences can be devastating to both you and your family, and may include extended prison time, a permanent criminal record, damage to one’s reputation, inability to find suitable work/housing, and harsh monetary fines.

If you are facing drug-related charges, or were arrested or are under investigation for such an offense, it is imperative to work with an attorney who fully understands the California criminal justice system. Despite what you may think, not every criminal defense lawyer is qualified to represent those facing drug charges, as these cases can be challenging to even the most seasoned San Diego drug crime defense attorney. Having an experienced criminal defense lawyer by your side can possibly make the difference between jail time and your freedom. It can also ensure that your legal rights are protected and, provide you with the best chances of having your charges either reduced or, completely dismissed.

Regardless of the circumstances, anything you say and do can be used against you by investigators and the prosecution. That is why it is critical for you to assert your right to remain silent and to have a lawyer present before questioning by investigators can resume. Since there may be strong defenses to raise on your behalf, avoiding incriminating statements or behavior can more favorably affect the outcome of your case. Also, the prosecution has ample resources to build a strong case against you, which is why you should take action now and fight back with a qualified drug crime defense lawyer by your side.

At The Law Offices of David M. Boertje, our highly qualified California drug crime defense attorneys will take all measures necessary to fight for your legal rights and prevail. This involves conducting a thorough background of the evidence in your case, securing witnesses, gathering evidence, and aggressively representing you in court. Our team of legal professionals will do anything and everything to win your case, allowing you to move on with your life with minimal impact. We also have resources for clients who are dealing with drug addiction, and are happy to provide you with this information should it be necessary. Keep in mind that a willingness to attend drug treatment therapy may serve as an alternative to jail time, and depending upon the facts, may serve as a viable option in your case. To schedule your free and completely confidential initial consultation, you can call our San Diego office at (619) 229 1870. You can also reach us at our North County location in Carlsbad at (760) 476 0901 or visit us online.

The Law Offices of David M. Boertje represents individuals facing the following drug-related charges, which include, but are not limited to:

• Possession of drugs
• Intent to distribute or manufacture drugs
• Possession of drugs with intent to sale
• Felony possession of drugs with the intent to distribute or manufacture
• Transportation of a controlled substance
• Drug trafficking
• Use of cell phones, pagers, etc. to facilitate drug crimes
• Cultivating marijuana
• Illegal use of prescription drugs
• Possession of prescription drugs for sale
• All drug-related crimes
• Drug offenses committed along with another felony, such as domestic violence, gang related activities, and the use of an illegal firearm.

In California, there are four types of criminal drug charges. These include simple drug possession, drug transportation, drug possession with intent to sell, and drug manufacturing. For purposes of this webpage, we are on focusing on drug possession with the intent to sell and drug transportation charges.

• Drug possession with intent to sell - California Health & Safety Code Section 11351 HS - It is a felony level offense to be caught with illegal drugs on their person with the intent to sell it to a third party. What often affects the severity of punishment in these cases is the amount of drugs found on the person, whether a firearm was involved in the perpetration of the crime, and if large sums of cash are recovered from the accused. Many times, people are arrested under Section 11351 HS when they possessed drugs for their own use.
• Drug transportation – California Health & Safety Code Section 11352 HS – It is also a felony level crime in California if a person is caught selling, furnishing, administering, or transporting (whether in or out of the State) illegal substances. Oftentimes, these crimes arise out of pre-arranged “sting” operations, which often run afoul of California’s entrapment laws. Unfortunately, many people are arrested under this law when they were just a buyer or, were not even a part of the drug deal whatsoever.

There are several defenses that can apply in drug related crime cases, including, but not limited to, the following:

• Substance confiscated by authorities is not illegal;
• Mistaken identity;
• Lack of intent to sell drugs;
• False accusation;
• Insufficient evidence;
• Entrapment;
• Inaccurate informant information;
• Falsified police reports;
• Mishandling of evidence;
• Improper search and seizure; and
• Arresting a person without sufficient evidence that the drugs actually belonged to them.

If you or someone you know has been charged with a drug-related crime in San Diego or the North County area, don’t wait to obtain the aggressive representation you need. Contact The Law Offices of David M. Boertje today to learn more about our comprehensive criminal defense services. When you meet with one our San Diego drug crime defense lawyers, we will take the time necessary to answer all your questions, and will also assist you in mounting strong defense strategies on your behalf. Don’t sacrifice your constitutional rights, freedom and livelihood by representing yourself. Call us now to schedule your free and completely confidential initial consultation. We can be reached at our San Diego office at (619) 229-1870. You can also contact us at our North County Carlsbad location at (760) 476-0901, or visit us online. We look forward to providing you with superior criminal defense representation.