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Arrested For Drug Trafficking? Here is What You Should Know

Aug 22, 2024

California drug trafficking laws punish selling, transporting, and distributing controlled substances. These laws could ensnare individuals who do not understand the implications of their actions or are wrongfully accused. Even if you are wrongfully charged, you are up against the full force of California law. The prosecution will fight to secure a conviction, relying on evidence gathered during your arrest and investigation.

However, the law also allows you to challenge the prosecution’s case, question the validity of the evidence, and protect your rights. In this blog, you learn about California drug trafficking laws, what happens after an arrest, and potential defenses to fight these charges.

Drug Trafficking Laws in California

California drug trafficking laws prohibit the sale, transportation, and distribution of controlled substances. Violating these laws carries severe penalties, including long prison sentences and hefty fines.

The primary statutes governing drug trafficking in California are found in the Health and Safety Code, specifically Sections 11352, 11379, and 11360.

Sale or Transportation of a Controlled Substance, Health and Safety Code Section 11352

California HS 11352 punishes those who sell, furnish, administer, give away, transport, or import controlled substances. This statute primarily covers street drugs such as cocaine, peyote, heroin, and LSD. You could also face criminal charges for illegally transporting prescribed drugs, including hydrocodone (Vicodin), oxycodone (Oxycontin), and codeine.

The statute addresses selling and transporting these substances, even if the intent is not to sell but to give them away.

Violating HS 11352 is classified as a felony in California. Possible penalties include:

Serving three, four, or five years in jail per the California realignment program
Serving three, six, or nine years in jail if you moved the drug across more than two California counties
A fine no exceeding $20,000
Felony probation

Transportation or Sale of Methamphetamine, Health and Safety Code Section 11379

Health and Safety Code 11379 specifically prohibits the sale and transportation of methamphetamine and similar substances. A conviction is a felony that could lead to severe punishment, such as:

Two to four years in state prison
A fine not exceeding $10,000

Sale / Transportation of Marijuana in California, Health and Safety Code Section 11360

Despite marijuana's legal status for recreational and medical use in California, unlawful sales and large-scale transportation remain serious offenses. You violate HS 11360 if you transport marijuana before obtaining requisite licenses. However, you are allowed to transport marijuana as a medical user for personal use.

Penalties for violating Section 11360 of the HSC can vary:

Misdemeanor charges for small amounts attract penalties, including up to six months in county jail and/or fines of up to $500
Felony charges for larger quantities or repeat offenses carry potential state prison sentences ranging from two, three, or four years
A lifetime license revocation of gun ownership

What the Prosecution Must Prove

For the court to convict you for drug trafficking, the prosecution must prove specific elements beyond a reasonable doubt, including:

You sold, furnished, administered, gave away, transported, or imported a controlled substance
You knew of the substance's presence
You knew the substance's nature or character as a controlled substance
The substance was in a usable amount

Each of these elements must be satisfied for a drug trafficking conviction. The prosecution's failure to prove any of these elements can lead to a dismissal of charges.

Is Drug Trafficking A Federal Offense?

Drug trafficking can be prosecuted under both state and federal laws. United States Code 21 Section 841 is the federal drug trafficking law that punishes the manufacture, distribution, or dispensing of a controlled substance.

Federal drug trafficking laws are primarily enforced under the Controlled Substances Act (CSA). The act categorizes controlled substances into five schedules based on their potential for abuse, medical use, and safety. Drug trafficking offenses can involve any controlled substance, but those involving Schedule I and II drugs, such as heroin, cocaine, and methamphetamine, are prosecuted most severely. Schedule V drugs have the lowest potential for abuse.

Federal jurisdiction typically applies when trafficking activities cross state lines, involve large quantities of drugs, or are part of a broader criminal enterprise. Federal drug trafficking convictions can lead to lengthy prison terms, from five years to life imprisonment. The exact sentence depends on factors, including:

The quantity and type of the substance
Your criminal history
Whether the offense occurred near schools or involved minors

Convictions can also lead to substantial fines, often exceeding $10,000,000 for large-scale operations. Federal law allows for the seizure of assets connected to drug trafficking, including cash, vehicles, and real estate. This measure aims to dismantle the financial infrastructure supporting drug trafficking activities. Additional penalties apply if the trafficking involves minors, violence, or if the defendant has prior drug convictions.

What Happens After You Are Arrested For Drug Trafficking?

An arrest for drug trafficking sets in motion a series of legal processes, including:

Initial Arrest and Booking

Upon your arrest for drug trafficking, you are taken into custody and transported to a law enforcement facility for booking. This process involves recording your personal information, taking fingerprints and photographs, and documenting the charges against you. You are searched, and any personal belongings are cataloged and stored.

Arraignment

Within 24 hours after your arrest, you appear before a judge for an arraignment. During this hearing, the charges against you are formally presented, and you are asked to enter a plea of guilty, not guilty, or no contest. The judge will also consider bail, the amount of money or property you must post to be released from custody pending trial. You may remain in custody until your trial if you cannot afford bail.

Discovery

During discovery, the defense and prosecution teams exchange evidence and information relevant to the case. This can include police reports, witness statements, and any physical evidence collected during the investigation. The discovery process ensures both sides know the evidence and can prepare their cases accordingly.

Pre-Trial Motions

Before the trial begins, your defense attorney may file various pre-trial motions. These motions can challenge the arrest's legality, the evidence's admissibility, or other procedural issues. For example, if the drugs were obtained through an illegal search and seizure, your attorney might file a motion to suppress that evidence. Successful pre-trial motions can significantly weaken the prosecution's case and even lead to a dismissal of charges.

Trial

If your case proceeds to trial, the prosecution and defense will present their arguments, evidence, and witness testimonies. The trial process can be lengthy, involving opening statements, cross-examinations, and closing arguments. A jury or judge will deliberate and determine your guilt or innocence. If convicted, sentencing will follow, where the judge will impose penalties based on the nature of the offense and any mitigating or aggravating factors.

Sentencing

If you are found guilty, the sentencing phase determines your penalties. The judge will consider various factors, including:

The severity of your offense
Your criminal history
Mitigating circumstances presented by your attorney

Sentences can range from probation and fines to lengthy prison terms and mandatory drug treatment programs.

How To Fight Your Drug Trafficking Charges

Facing drug trafficking charges is a serious matter, but there are several potential defenses that you could employ to fight these charges. These include:

Lack of Knowledge

The argument that you lacked knowledge of the drugs' presence means you were unaware that the drugs were in your possession or vicinity. To successfully employ this defense, you must provide evidence or testimony that convincingly demonstrates your ignorance of the drugs.

For example, you are driving a friend's car, unaware that they have hidden drugs in the trunk. If the police pull you over and discover the drugs, you could argue that you did not know of their presence.

In court, your attorney would present evidence such as your lack of suspicious behavior, credible testimony from friends or family supporting your story, and any other relevant information that supports your claim.

An experienced defense attorney can effectively argue this defense by highlighting inconsistencies in the prosecution's case and demonstrating the plausibility of your ignorance.

Lack of Intent

The lack of intent defense focuses on disproving the prosecution's assertion that you had a deliberate plan to engage in drug trafficking activities. You must show that your actions were not driven by an intent to distribute drugs.

For example, the police arrest you with a large quantity of drugs, but they were for personal use or another purpose entirely unrelated to trafficking. Perhaps you were holding the drugs for a friend or family member without any intention of selling or distributing them. In such cases, your attorney would argue that while you may have possessed the drugs, there was no plan or intent to engage in trafficking.

The prosecution must prove beyond a reasonable doubt that you intended to distribute the drugs. This intent can be inferred from various factors, such as the quantity of drugs, the presence of paraphernalia typically associated with drug sales, or large sums of cash.

However, your defense attorney can counter these inferences by presenting evidence of your true intentions. For example, if you can provide testimony from friends or family attesting that the drugs were for personal use or another non-trafficking purpose, this can weaken the prosecution's case.

Your defense might also highlight any lack of typical drug trafficking behavior. For example, if there is no evidence of you engaging in drug transactions, communicating with potential buyers, or possessing distribution materials, it becomes more challenging for the prosecution to prove intent.

Police Entrapment

Entrapment happens when police induce or coerce someone to commit an offense that they otherwise would not have committed. If you can demonstrate that you were a victim of entrapment, you could have your charges reduced or even dismissed entirely.

You need to demonstrate that the police induced you to commit the crime. Inducement can take various forms, including repeated requests, emotional appeals, or threats. You must also prove that you were not predisposed to commit the crime. This means that before the police’s intervention, you had no intention or inclination to engage in drug trafficking.

Your defense attorney will gather evidence to support police entrapment claims. This might include communications between you and the undercover officer, witness testimonies, and any recordings of your interactions. The goal is to paint a clear picture of how law enforcement’s actions led you to commit the crime despite your lack of predisposition.

Entrapment is not always straightforward to prove. The prosecution could argue that you were already inclined to commit the crime and that law enforcement provided the opportunity. They might present evidence of your past behavior, criminal history, or any prior involvement in drug-related activities to suggest a predisposition.

Illegal Search and Seizure

In the US, the Fourth Amendment of the Constitution protects you from unreasonable searches and seizures. Arresting officers should follow legal protocols when gathering evidence. If the police violated these protocols, any evidence obtained can be challenged and potentially suppressed, weakening the prosecutor’s case against you.

Challenging an illegal search involves filing a motion to suppress the evidence. This motion will outline how the search violates your constitutional rights and request that the court exclude the illegally obtained evidence.

During the hearing, your attorney will present arguments and evidence to support the motion, such as:

Testimony from witnesses
Dashcam or bodycam footage
Inconsistencies in the police reports

If the court grants the motion and suppresses the evidence, it can significantly impact the prosecution’s case. Without the illegally obtained drugs, the prosecution lacks the evidence needed to prove the charges against you. This can result in charges being reduced or even dismissed entirely.

Retain a Criminal Defense Lawyer Attorney Near Me

Drug trafficking within and outside California could see you face charges under the state and federal laws. These charges attract severe penalties upon conviction, such as hefty fines and lengthy jail/ prison sentences. Since the law allows you to fight the charges, you want to hire a reputable defense lawyer.

At Foos Gavin Law Firm in Sacramento, we understand the gravity of drug trafficking charges. Our experienced attorneys are dedicated to providing comprehensive legal support tailored to your situation. We will work closely with you, ensuring you understand the charges, the potential consequences, and the defense strategies available.