Illegal Trafficking
Constructive vs. Actual Possession in Drug Trafficking Cases

In drug trafficking cases, grasping the nuances of possession, such as actual and constructive possession, is pivotal. It delineates the legal distinctions between physical control (actual possession) and the power to control (constructive possession). This understanding is crucial for presenting evidence effectively, navigating challenges like suppression of evidence, and strategically addressing factors influencing possession cases. Whether prosecuting or defending, awareness of these nuances is indispensable for building a compelling and successful legal strategy in drug trafficking cases.
State and Federal Laws on Drug Trafficking

Given its location on the border of Mexico, California is considered a hotbed for drug trafficking, both into our state from Mexico and to neighboring states like Nevada and Arizona. Despite changes to our state’s laws regarding marijuana, it is still illegal for residents to travel to other states with marijuana, even if those states have also legalized it.
How Drug Smuggling Affects Immigration

Immigration is one of the most hotly debated issues in the United States.
According to the federal government, in 2008 there were about 12 million undocumented immigrants living in the United States. About 75% came from Mexico. By the end of that year, California had about 3 million undocumented residents living in the state.
What Laws Are Involved in Smuggling Drugs Across the Border?
In the United States, smuggling is the act of transporting illegal goods over a U.S. border. People do this with many different items, for two main reasons. Sometimes they do not want to pay the exchange that would be required. But in the case of drugs, they want to escape the notice and punishment from authorities. Smuggling is a very complicated crime in the United States, involving many different agencies and holding different consequences. No matter what is being smuggled, or how, it is considered a federal crime.
Drug Trafficking Charges in California
In California, as in other states throughout the nation, drug crimes are punished severely. Trafficking is no exception. This offense, though closely associated with other drug crimes, is often prosecuted on both state and federal levels. As a felony charge and a federal offense, trafficking is one of the most serious criminal charges you can face.
Illegal Smuggling Across the Border
Alien smuggling is a dangerous and illegal act. Being so close to the border we understand that people are actively seeking a better way of life and are willing to risk their lives in order to achieve this goal. As a Mexican American young woman, when I hear the work “coyote” I don’t think of the animal, instead I think of the individuals who cross illegal immigrants. These so called “coyotes” cross them through the deserts and mountains when smuggling them across the U.S.-Mexico border. Most “coyotes” turn out to be nice people, but many are not. U.S. Border Patrol Agents have found cases where the “coyote” has stranded women with children because they could not keep up. In many sad cases, agents find the dead bodies of mothers with their arms wrapped around their children. “Coyotes” will leave anyone who can not keep up and thousands of people will die due to dehydration and starvation. Even more extreme is the fact that “coyotes” have been know to kill the illegal immigrants because they could not pay for the services provided.
If you are suspected of illegal smuggling, contact our offices today for a free consultation. Criminal Defense Attorney James N. Dicks can help you face damaging criminal charges such as:
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