Carlsbad Drug Crime Defense Lawyers
Carlsbad is a small California community known as “The Village by the Sea.” With miles of white sandy beaches, excellent dining, and a balmy, temperate climate, it is a great place to visit and to live. Carlsbad attractions include an ornate railroad depot built in 1907, walking tours through history, open cockpit biplane rides, helicopter tours, air tours, surfing lessons, and Southern California’s only oyster farm.
Both the federal government and the State of California are actively fighting the war on drugs. A substantial percentage of people in federal prisons are being held on drug charges. Law enforcement is even tougher on drugs in locations close to the border, such as Carlsbad. California has harsh sentencing guidelines for crimes involving drugs. Combined with the “three strikes rule,” this means even the most minor drug charge should be taken seriously.
There are many different misdemeanor and felony drug charges in California. The following are among the most common:
- Possession: Simple possession of a drug or controlled substance is a “wobbler” offense, meaning it can be charged as an infraction, a misdemeanor, or a felony, depending on the circumstances. Factors affecting how possession is charged may include the amount of the drug found in your possession, the type of drug, and any prior criminal convictions.
- Possession with intent to sell: It is a felony offense to possess illegal drugs with the intention of selling them. To convict a person of this crime, the prosecution must prove that the defendant was aware of the illegal drugs, knew they were illegal, possessed a sufficient amount to indicate intent to sell, and intended to sell the drugs.
- Distribution or trafficking: Drug trafficking or distribution is a felony offense that involves selling, supplying, administering, transporting, or importing narcotics or illegal drugs. Personal possession is not required for drug trafficking charges – the drugs could be found in a vehicle or during transportation.
- Manufacturing: This crime includes methamphetamine production in a laboratory and cultivation of marijuana. It is a felony offense in California to manufacture, process, produce, convert, derive, or prepare a controlled substance through any chemical process.
Penalties upon conviction of a drug crime will depend on the offense, the amount and type of drug, and your criminal record. For example:
- Simple possession for personal use could be charged as an infraction, with only a fine of $100, or as a misdemeanor, with possible penalties of up to six months in jail and a fine of up to $500.
- Possession with intent to sell is charged as a felony that carries 16 months to three years imprisonment upon conviction.
- Distribution or trafficking is a felony offense, punishable by two to seven years in prison.
- Cultivation is a felony crime that carries 16 months to three years of incarceration.
- Manufacturing is a felony that could be punishable by up to seven years imprisonment and a fine of up to $50,000.
If you have been charged with a drug crime in Carlsbad, do not waste any time. Your best chance of obtaining the most favorable outcome possible is to have a Carlsbad criminal defense attorney who can evaluate evidence, witnesses, and circumstances to fight against wrongful conviction.
At jD Law Criminal Defense Attorneys, our founding partner is a former Los Angeles Police Department narcotics investigator who draws on his years of police experience for the benefit of our clients. Our firm was founded in 1990, and our office is located across the street from the North County Courthouse in Vista. If you have been charged with a drug crime, call us at (760) 630-2000 to schedule a free initial consultation.
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