Facing charges related to drug trafficking in San Jose, CA, can be an overwhelming and frightening experience. Our law firm understands the gravity of your situation and the potential implications it holds for your future.
We understand the laws surrounding drug-related charges and will ensure that all your rights are protected. If you’re a defendant facing drug trafficking charges in San Jose, California, we’re here to help. Contact our Ahmed & Sukaram, Criminal Defense Attorneys law office today at (408) 217-8818 to schedule a free consultation with a San Jose drug trafficking lawyer.
How Ahmed & Sukaram, Criminal Defense Attorneys Can Help If You’re Arrested For Drug Trafficking
If you’re arrested for drug trafficking in San Jose, CA, our legal team can provide you with the legal assistance you need. Here’s how our San Jose criminal defense lawyers can help:
- We will thoroughly examine every aspect of your case, including evidence and procedural conduct, to identify weaknesses and possible constitutional violations.
- We will work to negotiate with prosecutors, seeking reductions in charges or alternative sentencing when possible.
- We will ensure that your legal rights are protected throughout the judicial process, preventing unlawful searches and ensuring fair treatment.
- If a plea deal is not reached and the case moves forward, we will represent you at trial.
Our lawyers have been recognized by Super Lawyers, National Lawyers Top 100, and the American Society of Legal Advocates – Top 40 under 40. If you’re facing charges in San Jose, California, we’re here for you. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a San Jose drug trafficking attorney.
Overview of Drug Trafficking in California
In California, drug trafficking is a serious criminal offense and typically involves the movement of significant quantities of drugs intended for further distribution and sale. Specifically, the statute prohibits actions such as selling drugs, transporting controlled substances with the intent to sell, furnishing or administering drugs to others, giving controlled substances away, or offering to engage in any of these activities.
The severity of a charge depends on the specific drug involved and its classification under the Controlled Substances Act (CSA). Each drug has a defined threshold amount that, once exceeded, constitutes trafficking. For instance, even a small quantity of some drugs can trigger trafficking charges.
What Are the Penalties For Drug Trafficking in San Jose, California?
Under California Health and Safety Code §11352, the act of selling or transporting drugs is classified as a felony, carrying significant legal consequences. Specifically, jail time can range from 3-5 years in county jail.
If the drugs are transported across two or more county lines, the penalty escalates to 3-9 years in state prison. There are also fines of up to $20,000. The presence of aggravating circumstances – such as distributing drugs to minors or moving large quantities – can lead to even more severe penalties.
Defendants become ineligible for felony probation or a suspended sentence under several conditions. These include scenarios where the offense involves the sale of 14.25 grams or more of heroin or if the defendant has prior convictions for comparable offenses, for example.
What Defenses Can Be Raised If I’m Arrested For Drug Trafficking?
If you find yourself facing charges for drug trafficking, there are several legal defenses that can be raised to challenge these serious accusations. Common ones include:
Illegal Search and Seizure
One of the strongest defenses is invoking the Fourth Amendment, which protects against unlawful search and seizure. If law enforcement officers conduct a search without a valid warrant or probable cause, any evidence obtained may be inadmissible in court — meaning it cannot be used against you. This can significantly weaken the prosecution’s case, potentially leading to a dismissal of charges.
Entrapment
Entrapment occurs when law enforcement officials coerce, trick, or persuade an individual to commit a crime they otherwise would not have committed. If it’s demonstrated that the defendant was induced to engage in drug trafficking due to undue pressure from police or informants, entrapment can be a valid defense.
Lack of Knowledge
To secure a conviction for drug trafficking, the prosecution must prove that the defendant knowingly engaged in the illegal activity. If the defendant was unaware that drugs were in their possession or mistakenly believed they were handling legal substances, their lack of knowledge can be a strong defense.
Mistaken Identity
Given the complexity and scale of some drug trafficking operations, authorities occasionally arrest the wrong individual. Mistaken identity may occur if the defendant was misidentified based on incorrect or misleading evidence. Providing an alibi or other evidence that someone else was responsible can serve as an effective defense in these situations.
To determine the best defense for your case, contact a criminal defense lawyer as soon as possible.
Facing drug trafficking charges is incredibly scary and can be complicated as well. It carries severe consequences, including prison time and fines. There’s no reason to face these charges alone. Fortunately, help is available. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a San Jose drug trafficking lawyer.