What is a controlled substance violation? Also called a drug crime, a controlled substance violation typically means a violation of a provision of the Health and Safety Code which deals with various drugs and actions involving drugs.
The exact violation will depend upon the type of controlled substance involved, the quantity of the controlled substance, and what the person with the controlled substance was allegedly doing or planning to do with the controlled substance.
The skilled criminal defense lawyer with 30 years experience, David Pflaum protects serves his clients with expertise and compassion.
Information on Possession of a Controlled Substance Violation
A controlled substance offense, or drug crime, refers to an offense involving the use, possession, cultivation, transportation, sale or distribution of a drug or controlled substance. For example:
- methamphetamine
- heroin
- marijuana
- cocaine
- ecstasy or MDMA
- prescription medications
Typical Drug Crimes Include:
- trafficking
- cultivation
- distribution
- possession
- possession for sale
- transportation
- importation
- manufacturing
- prescription fraud
- driving under the influence of drugs
Criminal Penalties for Possession of a Controlled Substance Violation
The punishment for a drug crime depends on the specifics of the situation. Targeted sanctions depend on the type of crime, the type of drug involved, the amount the accused was supposedly carrying, distributing, selling or transporting, and where the drug offense occurred.
A defendant may receive probation, ordered to do community service, time in state prison, or to spend some time in prison and a fine up to $ 10,000.
If you are not a U.S. citizen, you risk the penalty of deportation.
If you believe the evidence was obtained illegally, an attorney can file a petition with the court to ask that a judge throw out the illegally obtained evidence.
Defenses To An Accusation of Possession of a Controlled Substance Violation
There are several ways to defend a drug-related accusation, It depends on the circumstances. Examples are:
- lack of evidence
- insufficiency of the evidence
- lack of actual possession
- lack of knowledge of possession
- illegal detention
- arrest without justification
- improper lab analysis
An experienced criminal defense lawyer who knows the law on controlled substances violation resolves a case without time in prison.
Occasionally, a controlled substance offense can be resolved by way of diversion which protects the person from having a criminal record if the person completes a program of rehabilitation.
To learn more about the defense of an accusation involving a controlled substance, contact the Right Defender @ (760) 806-4333.
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