Illegal Trafficking | San Diego Law Blog
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.
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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.
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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.
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What Laws Are Involved in Smuggling Drugs Across the Border?
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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.
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Illegal Smuggling Across the Border
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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