Drug Offenses

• Possession
• Possession For Sale, Sales, Attempts to Sell
• Meth Possesion Less Than Ounce W/Intent to Sell
• Importation
• Transportation
• Cultivation and Sales
• Distribution and Conspiracy to Violate Any Drug/Narcotic Laws
• Trafficking and Manufacture of Methamphetamine and/or Possession of chemicals (i.e. Ephedrine or Pseudoephedrine) for Manufacturing, purifying, etc.

Drug offenses are one of the most widely prosecuted crimes in California courts. These crimes also make up a large percentage of cases in the Federal courts. The quantity and purpose of possession, such as possession for sale rather than possession for use, determine the range of punishment. David Billingsley is one of the top criminal defense lawyers in California and will represent you expertly and aggressively.

Defenses
Generally, these cases are often defended by making a motion in court to suppress the evidence based on lack of a warrant, or lack of probable cause. These motions are called “suppression motions,” or “PC1538.5 motions” in California. They are argued when there is a violation of the person’s Fourth Amendment rights. When these motions are granted in a drug case, it almost always results in the case being dismissed.

The prosecution must also prove each and every essential element of possession. If the prosecutor cannot prove each of the following, the defendant is not guilty. The elements are:

• Dominion and Control of the substance. Mere presence at the scene is not sufficient.
• Is a quantity usable for consumption or sale.
• Possession for sale also requires a specific intent to sell it.
• Knowledge of its presence.
• Knowledge of its restricted dangerous drug character.

Consequences
The consequences of a conviction for drug offenses ranges from probation to lengthy prison sentences, depending on the type and quantity of drugs, and the person’s prior criminal record.

In California, both PC1000 and Prop 36 offer diversion, which allows the accused to complete a drug program. Once successfully completed, the drug charge is dismissed. The defendant thus gets a new start on life, free of any criminal record.