Drug Offenses

Your Drugs and Narcotics Defense Lawyers

MyCriminalDefense has successfully defended thousands of clients who have been falsely accused of theft and fraud crimes by conducting a thorough investigation of the facts of each of our clients’ cases. Our criminal defense attorneys have extensive experience handling such cases and, with our defense team of investigators and experts, our attorneys can help defend your legal rights and protect you against a wrongful and unjust prosecution. With more than 27 years of experience serving as a legal defense team we pride ourselves in our ability to create successful strategies that will protect your life and freedom.

What are the Six Kinds of Drug/Narcotics Crimes under California Law?

I. Possession of a Controlled Substance.(Health & Safety Code § 11350,11357, 11377)

II. Possession of a Controlled Substance for Sale. (Health & Safety Code § 11351, 11359, 11378)

III. Transportation of a Controlled Substance. (Health & Safety Code § 11352, 11360, 11379)

IV. Sales of a Controlled Substance. (Health&Safety Code § 11352, 11360, 11379)

V. Manufacturing or Cultivation of a Controlled Substance. (Health & Safety Code § 11379.5; 11358)

VI. Using a Controlled Substance

Ecstasy & Ketamine: Health & Safety Code section 11350
Cocaine: Health & Safety Code section 11350
Heroin: Health & Safety code section 11350
Methamphetamine: Health&Safety Code section 11377
Marijuana: Health&Safety code section 11357

Unlawful possession, possession for sale, transportation, sales or manufacturing of any of these drugs or narcotics will be aggressively prosecuted. Please contact the expert drug defense attorneys at MyCriminalDefense for a free confidential consultation on how to prepare a defense in your behalf. Call today!

I. Possession of a Controlled Substance.(Health & Safety Code § 11350,11357, 11377)

What must the prosecution prove to convict someone of unlawful possession of a controlled substance?

In order to be found guilty of unlawful possession of a controlled substance, the prosecution must prove beyond reasonable doubt that the defendant:

1. Unlawfully possessed a controlled substance

2. Knew of its presence.

3. Knew that the substance was a controlled substance

II. Possession of a Controlled Substance for Sale. (Health & Safety Code § 11351, 11359, 11378)

 

What must the prosecution prove to convict someone of unlawful possession of a controlled substance for the purpose of sale?

In order to be found guilty of unlawful possession of a controlled substance for the purposes of sale, the prosecution must prove beyond a reasonable doubt that the defendant:

1. Unlawfully possessed a controlled substance;

2. Knew of its presence.

3. Knew of the substance’s nature or character as a controlled substance

4. Intended to sell the controlled substance when it was in his/her possession.

III. Transportation of a Controlled Substance. (Health & Safety Code § 11352, 11360, 11379)

What must the prosecution prove to convict someone of unlawful transportation of a controlled substance?

In order to be found guilty of unlawful transportation of a controlled substance, the prosecution must prove beyond a reasonable doubt that the defendant:

1. Unlawfully transported a controlled substance.

2. Knew of the presence of the controlled substance when it was in his possession.

3. Knew that the substance was a controlled substance.

IV. Sales of a Controlled Substance. (Health&Safety Code § 11352, 11360, 11379)

What must the prosecution prove to convict someone of selling a controlled substance?

In order to be found guilty of unlawful sale of a controlled substance, the prosecution must prove beyond a reasonable doubt that the defendant:

1. Unlawfully sold or furnished a controlled substance

2. Knew that the controlled substance was in his possession.

3. Knew that the substance was a controlled substance.

V. Manufacturing or Cultivation of a Controlled Substance. (Health & Safety Code § 11379.5; 11358)

What must the prosecution prove to convict someone of manufacturing, making or cultivating a controlled substance?

In order to convict someone of manufacturing, making or cultivating a controlled substance, the prosecution must prove beyond a reasonable doubt that the defendant:

1. Manufactured, made, compounded, converted, cultivated or prepared a controlled substance such as heroin, cocaine, methamphetamine, ecstasy, ketamine or marijuana.

2. Knew that he or she was manufacturing, making, compounding, converting or preparing one of these controlled substances.

VI. Using a Controlled Substance. (Health & Safety Code § 11550)

What must the prosecution prove to convict someone of using a controlled substance?

In order to convict someone of unlawfully using a controlled substance such as methamphetamine, cocaine, heroin, ecstasy, ketamine or marijuana, the prosecution must prove beyond a reasonable doubt that the defendant:

1. Willfully used a controlled substance such as heroin, cocaine, methamphetamine, marijuana, ecstasy or ketamine.

2. Was willfully under the influence of one of these controlled substances.

Drug Crime Defenses

Lack of Possession

There are two types of possession of a controlled substance, drug, or narcotic

Actual Possession When a person physically and knowingly possesses a certain controlled substance, narcotic or drug, this is called “Actual Possession”
Constructive Possession When a person is not in actual physical control of the controlled substance, narcotic or drug, but has the ability to exercise control over its possession, this is called constructive possession.

Either actual or constructive possession is sufficient to prove any controlled substance, drug or narcotic crime where one of the crime’s elements is “possession”.

The attorneys at MyCriminalDefense are very experienced at defending their clients in controlled substance, drug or narcotic crimes, either under California law or under federal law. Whether or not a drug or narcotics crime is prosecuted under California or federal law, our experienced and skillful attorneys will prepare a defense utilizing the services of experienced professional investigators and experts. Professional Investigators will interview crucial witnesses who will give sworn statements that the client lacked knowledge that the drug or narcotic was in his vehicle or anywhere in his immediate surroundings. Forensic toxicology experts will examine the alleged controlled substance, narcotic or drug to determine if it does, in fact, possess the chemical properties associated with standards set forth by the relevant scientific community.

Fourth Amendment Motions to Suppress Illegal Evidence

Attorneys at MyCriminalDefense will bring motions to suppress illegally obtained evidence. If police officers committed illegal searches and made illegal seizures, our attorneys will prepare motions to suppress the evidence of these illegal searches and seizures. We have won many cases because the police have failed to comply with the client’s Fourth Amendment right against Unreasonable searches and seizures.

Miranda Violations

If police officers interrogated our clients without first advising them of their constitutional right to remain silent and have the assistance of legal counsel, the experienced attorneys of MyCriminalDefense will prepare motions to suppress confessions and other self-incriminating statements that our clients may have given as a result of coercion and the failure to give Miranda warnings against self-incrimination.

Professional License Defense

If any of our clients were arrested and wrongfully prosecuted as a result of illegal police procedures and tactics, attorneys at MyCriminalDefense will defend the clients against attempts by professional licensing boards to revoke their licenses to practice their professions.  

 

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