San Marcos Drug Crime Defense Attorneys
Your Criminal Defense Attorney in San Marcos, CA
San Marcos is a beautiful city and a great place to raise a family. Located in North County, it’s only a 35-mile drive from Downtown San Diego. Just six miles inland, you will find some of California’s most beautiful beaches just a few minutes away.
The weather in San Marcos is mild all year round. That means you can get outside and enjoy the sun while engaging in healthy recreational activities like surfing, cycling, and walking. In fact, the city has over 60 miles of hiking trails. And San Marcos Lake Resort is a fantastic place to spend the day.
There’s lots of great restaurants and shopping in San Marcos, including the 10,000 square foot Antique Village. The city also has two outstanding institutions of higher learning, California State University at San Marcos and Palomar College.
Even in a wonderful place like San Marcos, there may come a time when you require professional legal assistance. If you have been charged with a drug-related offense, you will want to have an experienced San Marcos criminal defense lawyer by your side. Call jD Law Criminal Defense Attorneys today at (760) 630-2000 to learn more.
Drug Crimes in San Marcos
There are several types of drug offenses that can lead to jail time and stiff penalties under California law. In addition to losing your freedom, being convicted of a drug crime can also damage your reputation, cost you your job, and impact your immigration status. Drug offense that that can lead to arrest and conviction include:
- Sales and trafficking
- Manufacturing illegal drugs
- Being under the influence of drugs
- Driving under the influence of drugs
- Transporting a controlled substance
- Illegal possession of prescription drugs
- Cultivating more than 6 marijuana plants
- Possessing of a controlled substance while armed
If you are charged with a drug crime, there are specific enhancements that can be used to add up to 5 years to your sentence. This includes operating a drug lab in a residence where children are living, selling to a minor or involving a minor in drug sales, and selling drugs near a school or rehabilitation facility.
Defending Your Freedom in San Marcos
Your criminal defense lawyer will investigate every aspect of you arrest and the charges against you and build a strong defense. To convict you of a drug crime, prosecutors must prove that you illegally possessed a controlled substance and you were aware of its presence. They must also demonstrate that the evidence they collected was legally obtained and your rights were not violated. There are a number of defenses that your attorney may use:
- Your rights were violated. Police may violate a suspect’s rights at any time during the legal process, including during arrest, questioning, and while conducting a search. This can lead to the immediate dismissal of your case. Examples of how your rights may have been violated include an improper or illegal traffic stop, an unlawful search and seizure, failure to read you your rights before questioning, and refusing to give you access to an attorney.
- Medical exemption. Many drugs that are classified as controlled substances such as Adderall are perfectly legal when you have a prescription. If you can prove you have a medical exemption, then there’s no case for a criminal conviction.
- Fabricated evidence. Police are often zealous about convicting people for drug crimes, and this can lead them to take shortcuts while collecting evidence. They may even plant evidence on a suspect if they think they can get away with it.
- Police misconduct. Police may claim to have witnessed evidence of criminal behavior so they can enter a person’s property without the proper warrant. They may also claim that a driver committed an infraction as an excuse to pull someone over. The use of police cameras makes it more difficult for officers to commit these types of misconduct.
- Factual error. If the drugs were found in a car that had more than one occupant or an apartment shared with more than one people, then your lawyer can argue that there’s no proof that they were in your possession. Statements by arresting officers or information in a police report that’s based on speculation instead of facts can be challenged by your lawyer.
Facing Criminal Charges in San Marcos?
James N. Dicks, who founded jD Law Criminal Defense Attorneys to protect people like you, is a Board Certified Criminal Law Specialist.
Our expert legal team knows how to create a winning strategy for any type of charges you may be facing. Give us a call today at (760) 630-2000 and see what we can do for you.
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