Drug Sales Defense Lawyer in San Diego
Charged with Selling Drugs in San Diego?
The sale of drugs is a considered severe offense in California. The typical punishment for a person charged with the intent to sell a controlled substance includes a state prison sentence of up to five years, depending upon the type and amount of the drug, as well as other factors. If you have been charged with drug sales in Southern California, call on Attorney James N. Dicks of JD Law.
Attorney Dicks is a board certified criminal law specialist who also has a background as a police officer and a narcotics investigator. Who better to defend your sale charge than someone who has personal experience with both sides of a charge? Attorney James N. Dicks has dedicated his law practice exclusively to criminal defense and has the qualifications necessary to defend you.
What Factors Determine Drug Sale Penalties?
Depending on the specifics of your case, you could find yourself stuck behind bars for years and up against heavy fines. So what factors impact the sentence you could face for a drug sale conviction?
Some of the main issues the court will review include:
- The schedule and amount of drugs involved
- The location the alleged drug sales took place (i.e. near a school)
- The potential harm the narcotic could cause to the public
- The past record of the defendant (were they previously convicted for drug sales?)
- The age of the individuals or parties being sold the drugs
Sentencing can range greatly, involving anywhere from 6 months to 15+ years in prison and between $1,000 and $250,000 in fines in extreme cases. With such serious consequences on the line, you need to act fast to defend your future and your freedom.
Types of Defenses We Can Utilize
As every criminal case is different, the type of defense strategy our San Diego drug crime attorney will aim to utilize for your case may vary greatly. Regardless of your charges, there are several key defense tactics that are frequently implemented in certain situations.
For example, we may be able to us the following information to fight your charges:
- The police officers conducted an illegal search and seizure
- Your rights were violated at some point in the arrest process
- The amount of drugs involved was very minimal
- You were not aware of the drugs present or allegedly in your possession
- You have no prior history of drug crimes
Using the details of your case and criminal history, we can fight to have your charges dropped, dismissed, or reduced. Our goal is to secure the possible outcome on your behalf, whether that means we are able to minimize your penalties to community service or prove your total innocence.
What Are Enhancement Crimes?
Drug sales charges may be subject to one or more of three "enhancement crimes," which may double or even triple the penalty for a sale or distribution charge.
If accused of the following, you could face extensive penalties:
- Distribution or sale of a controlled substance at or near a school
- Distributing or selling a controlled substance to anyone under the age of 21
- Contributing to or causing minors (under the age of 18) to engage in drug law violations
When you are charged with the sale of an illegal drug, law enforcement officers may often make certain assumptions as to your intentions. They may testify to this in court, using their past experience or professional opinion to implicate you when you may have had drugs in your possession for personal use. In other cases, officers may use an illegal search and seizure to uncover drugs, which means the evidence could be challenged and dismissed in court with the help of a lawyer.
Our San Diego drug crime lawyer has experience in disproving law enforcement testimonies and evidence and can utilize his background to help address any strategies from the prosecution.