San Diego Drug Sales Attorneys
Most drug sales and/or trafficking charges are based upon allegations involving actual sales and/or transportation for sale. Manufacturing charges may also relate to growing, cooking, and/or creation of drugs intended for sales.
Matters may be further complicated by an allegation that although the defendant possessed a relatively small amount of drugs, the drugs were intended for sale, while the defendant contends he possessed the drugs for personal use. In these instances, defense counsel must perform a thorough investigation to determine whether the indicia of actual sales versus the indicia of personal use are present in the case. Once the investigation is completed, the defense attorney must negotiate with the prosecution to present the defendant’s position.
With this in mind, defense counsel’s approach to this type of drug sales case should include the following:
- Careful review of the police reports and records;
- Thorough discussion of the facts/circumstances surrounding the arrest with the defendant;
- Consideration of the following issues/questions prior to planning defense strategy:
- Type of drug sales involved and allegations alleged;
- Sentencing exposure based upon current complaint;
- Any prior criminal history that may impact sentencing range (i.e. strikes, prison priors, or prior drug-related convictions);
- Potential search/seizure issues warranting a motion to suppress evidence;
- Whether the facts alleged in the police report support the required elements of sales, transportation, manufacturing, or any special allegations;
- Any facts that exist to defeat some of the required elements; and
- Any mitigating factors such as long standing drug addiction, need for residential treatment, sales to support own addiction, or other issues explaining defendant’s involvement in this lifestyle.
Only after careful consideration of the above factors can defense counsel determine the best course of action. Regardless of how small a case may be, a conviction has permanent consequences. As such, a case should not be resolved unless the defendant is comfortable that defense counsel has thoroughly investigated the case, considering the factors above, prior to offering his/her advice.
Cases involving marijuana now require careful consideration of the impact that medical marijuana laws may have on a particular situation. Medical marijuana law is in a constant state of flux. As such, defense counsel must diligently stay up to date on current laws and avoid the pitfalls created by rumors and exaggerations rampant in the medicinal marijuana community. Medical marijuana cards are not a trump card to avoid prosecution in all possession, use, or growing cases. The possession of a card is only the beginning of the analysis, which is why a defendant needs defense counsel who is experienced in this ever-changing area of law.
Attorney Stephen G. Cline has been practicing San Diego criminal defense for 20 years. His reputation and experience will be the key to the aggressive defense of your San Diego drug sales case. Call today at (619) 235-5638 to review your specific case!