California Drug Sales
Under California Health and Safety Code §11352 it is illegal for any person to transport, import into the state, sell, furnish, administer or give away, or offer any controlled substance. Controlled substances fall into a broad category that includes, but is not limited to, the following types of drugs:
- Opiates and Opiate Derivatives
- Certain Hallucinogenic Substances
A different section of the California Health and Safety Code specifically covers the sale of marijuana. Under California Health and Safety Code §11360 it is unlawful to transport, import, sell, furnish, administer or give away marijuana in California.
Drug possession and sales are prosecuted vigorously in California. These charges are serious and conviction can result in harsh penalties, including prison time. The experienced drug defense attorneys at Hoffman & Associates understand the severity of the drug charges you face, and will work to protect your rights every step of the way. Our criminal defense attorneys handle every type of drug charge from misdemeanor to felony.What Does the Prosecution Have to Prove in a California Drug Sales Case?
In order to prove their case, the prosecution must prove that you were engaging in one of the acts specified in California Health and Safety Code §11352 . The prosecution must also prove that you had knowledge that the product you were selling, transporting, importing, furnishing, administering or giving away was a controlled substance.
There are two ways law enforcement helps prosecutors obtain evidence of engagement in any of the above acts. A stakeout is often planned in which the police will observe and gather photographic or video surveillance of the actual drug action while it is being completed. Law enforcement officers may also go undercover and gather an account of the situation involving the controlled substances, which will later serve as evidence. Other ways law enforcement may build their case includes the use of investigators, surveillance, and informants.Experienced California Drug Defense Attorneys
The knowledgeable defense lawyers at Hoffman & Associates will dissect and analyze all the evidence related to your case. If your rights were violated while any of the evidence was obtained, we will fight to remove that evidence from consideration at trial. Our job is to weaken the prosecution’s case, and our clients often benefit from the dismissals, reduction in penalties, or reduction in charges we are able to obtain.
The war on drugs sends innocent people to prison every year in California. Your choice of attorney can mean the difference between freedom or incarceration, especially in drug cases. Our experienced attorneys know how to fight these cases and look for evidence of police misconduct, entrapment, or illegal searches. Call or e-mail Hoffman & Associates today to schedule a consultation.