If you’re facing drug trafficking charges, you may be able to avoid a harsh sentence by having an effective defense that results in dismissed or reduced charges or a positive plea bargain agreement. Milligan, Beswick, Levine & Knox, LLP defends Californians facing all types of drug-related charges, and we’ll discuss possible approaches if you’re arrested for drug trafficking.
Milligan, Beswick, Levine & Knox, LLP may be able to defend you against drug trafficking charges. Our California Redlands drug trafficking defense law firm helps defendants fight for their rights. Attorney Stephen Levine is a California drug trafficking defense attorney with considerable litigation experience. He has assisted clients for more than five decades after graduating from Western State University of Law in San Diego.
What are California Drug Trafficking Charges?
Trafficking illegal drugs is a serious charge. Unlike minor drug charges like possession, alternative sentencing may be difficult or impossible, depending on the circumstances. They may be an option if charges are reduced to possession through trafficking charges being dismissed or a plea bargain agreement.
Health and Safety Code § 11352 makes it a felony to transport, sell, give away, furnish, import, or administer a controlled substance. Also covered are attempts and offering to do so. If convicted, you may face up to nine years in prison and a fine of up to $20,000. Sentencing enhancements and aggravating factors like trafficking large quantities of drugs or selling drugs to minors can significantly increase the sentence you’ll face.
The statute applies to the following drugs:
- Cocaine
- Heroin
- Peyote
- LSD
- Codeine
- Oxycodone (Oxycontin)
- Hydrocodone (Vicodin)
Transportation is covered if you do so with the intent to sell the drugs. The statute doesn’t cover all drugs. Those missing include methamphetamine and marijuana.
What are Defenses to a Drug Trafficking Charge?
One way to avoid a harsh sentence for a trafficking charge is to fight them aggressively. This is possible when the facts and law are on your side. If you’re successful, a legal motion backed with facts may result in a judge dismissing charges or excluding evidence, making it difficult or impossible for the prosecution to carry their burden of proof to get a guilty verdict (beyond a reasonable doubt).
Many factors could produce this result, including the police or prosecution violating your Constitutional rights or state laws.
The police may have illegally searched your vehicle or home, or they may not have warned you of your right to remain silent promptly and used statements against you. Police may have planted evidence against you, or the identity of the substance may be mistaken because of sloppy laboratory work.
The prosecution is obligated to provide us with all relevant information concerning the investigation into your charges and your arrest. Your case may be dismissed if they withhold evidence that damages their case.
How Might a Plea Bargain Affect Sentencing?
An effective defense to your charges can help set up a positive plea bargain agreement that may allow you to resolve the situation without serving a harsh sentence. Criminal charges, if they’re not dismissed for technical or substantive reasons, are usually resolved through a plea bargain, not a trial.
A plea bargain is usually an agreement between the defendant and the prosecution that involves a guilty plea to one or more charges in exchange for an agreed-upon sentence. It may or may not include charges being dropped against you. If a tough defense means a judge makes it difficult for the prosecution to prove the drug trafficking charges, they may be open to a plea bargain agreement where you face some penalty while you prevent going to trial and risking something more severe.
A Trial in Your Favor Would Prevent a Harsh Sentence
Although we’ve done many, many trials, juries are unpredictable. Depending on the circumstances, you may have a better chance with a bench trial, where a judge – not a jury – decides the outcome.
If you may go to jail for several years if convicted, going to trial is a high-risk-high-reward situation. If the prosecution is successful, you may get that harsh sentence you want to avoid. If the jury doesn’t believe the prosecution made their case, they may find you not guilty or guilty on less serious charges that were part of the case.
The decision to go to trial often hinges on what’s offered as a plea bargain. If the prosecution only offers something slightly less harsh than what a trial could provide, there’s less downside to going to trial. The potential upside is greater than the possible downside, so going to trial may make sense.
Work With Established Redlands Drug Trafficking Defense Milligan Beswick Levine & Knox, LLP
Avoiding a harsh sentence is driven by the evidence in your case, how well your attorney can use it, and the law. An effective defense may result in charges being dismissed or set up a favorable plea bargain you’ll be willing to agree to.
If you’re being investigated for drug trafficking or have been arrested, discuss the situation with a Redlands drug trafficking defense lawyer at Milligan Beswick Levine & Knox, LLP, so you understand the situation and make good decisions on what to do next. Schedule a consultation by calling 909-894-0812 or completing our online confidential contact form to get started with one of our experienced Redlands drug trafficking defense lawyers today.