Drug possession lawyers in Santee, CA, understand there is no uniformity of the law related to controlled substances. In other words, the application of law may vary according to its nature, possession, and other circumstances. Therefore, working with experienced legal minds is necessary. They are familiar with the numerous categories of drugs and the laws that recognize the crime.
What are the different drug schedules in Santee, CA?
One of the things you should know about drug crimes in California is that the legal argument follows a schedule. The list describes the severity of the drug. Subsequently, the subject of the argument decides that punishment. The government has created five schedules. Drugs are arranged according to medical use, addiction, and risks of abuse. Here are the definitions of the lists:
Schedule I
Initially, Schedule I discusses the chemicals and drugs that do not have medical use. However, the consumption leads to physical dependency. Examples are marijuana, heroin, peyote, ecstasy, and LED.
Schedule II
Schedule II drugs that have a higher abuse risk. However, they have less potential than the drugs in Schedule I. The federal government calls them dangerous. Examples are fentanyl, oxycodone, Vicodin, and Ritalin.
Schedule III
The drugs mentioned in Schedule III have a dependency degree of medium to low. Examples are testosterone, anabolic steroids, and ketamine. Furthermore, Schedule III contains substances with hydrocodone less than 15 milligrams.
Schedule IV
Schedule IV has the lowest potential for dependency. Furthermore, the abuse is minimal as a minimum as well. The medications are Valium, Ambien, Darvon, tramadol, and Xanax.
Schedule V
Lastly, the Scheule V has the least harmful drugs. They have the lowest risks of abuse and dependency because of the chemical compounds. The drugs in Schedule V are common for analgesic purposes or to remedy diarrhea. Common examples are Lyrica or Lomotil.
The drug possession lawyers in Santee, CA, understand that drugs in Schedule I have more severe penalties than substances in Schedule V. The categorization of drugs decides the penalties for using, selling, and possession in Santee, CA.
Which defenses do the drug possession lawyers in Santee, CA, use?
Drug possession lawyers in Santee, CA, need the experience to present their arguments confidently. Unfortunately, illicit drugs are a severe issue in California. Therefore, the penalties are harsh as well. The court aims to punish the defendant. As a result, the community is aware of the lessons of drug use.
However, the lawyer’s defense is the deciding element. It can reduce or dismiss the charges completely. Here are the most common strategies that the drug possession lawyers in Santee, CA, use very often:
Illegal Seizure and Search
An American citizen has the constitutional right to argue the legality of search and seizure. Police officers and other agents have to comply with rules that make their acts lawful. Otherwise, the lawyer can argue the search of an individual and their property is illegal. As a result, the court will dismiss the evidence.
The officer must have the permission and cause to search after receiving an arrest warrant. For example, the drug possession lawyers in Santee, CA, will argue that the court let go of the case because the officer had no probable cause to make the arrest.
Reduced ownership
If the lawyers prove that the drugs do not belong to their client, the court will dismiss the case. Therefore, it is up to the prosecution to prove the drugs below to the defendant. It does not matter whether the drugs were in their vehicle, office, or home. The accused can claim that the drugs are not theirs or they did not know of the drug’s presence.
Crime Lab Assessment
The prosecution will send the drugs to the lab for assessment. In the next step, they will present the report in court. In some instances, you may think you own a drug, but it turns into something completely legal. On the other end, sometimes, the lab or the arresting officer fails to produce results that benefit the prosecution’s argument.
The drug possession lawyers in Santee, CA, will come up with a powerful defense strategy. It will represent the events leading to the arrest as well as the criminal charges. The strategy is aggressive and planned to suit the goals. Our expert minds will aim at the light at the end of the tunnel when times are bleak.
The different drug crimes in Santee, CA
Our drug possession lawyers in Santee, CA, represent a variety of clients. The officer has arrested them on misdemeanor and felony charges such as crystal meth, crack, cocaine, and ecstasy. Continue reading to read about the offenses in detail.
Possession of drugs
The state of California charges you for wrongful possession of drugs if you are using them for reasons beyond their prescription. According to the Health and Safety Code 11350, you cannot own drugs such as crack, heroin, ecstasy, ketamine, and GHB. Moreover, it is illegal to possess Codeine and Vicodin without a prescription. Health and Safety Code 11377 charges crystal meth more than methamphetamine.
Manufacturing of drugs
The Health and Safety Code 1137.6 says manufacturing, converting, producing, processing, and preparing a substance is a felony crime. The law will punish anyone who extracts chemicals and manipulates a substance for selling. It has the most severe penalties, with more than $50,000 in fines. Furthermore, the court will send the convicted to seven years in jail.
Trafficking and Drug Distribution
Health and Safety Code 11352 does not allow transportation or import of drugs. Moreover, you cannot administer and furnish a controlled substance. In such crimes, undercover operations with police surveillance are used to arrest the criminals. The transportation offenses do not factor in possession. Mostly, the agencies find the drugs in vehicles or car habitants.
Possession of drugs with the intention to sell
According to the Health and Safety Code 11351, the individual cannot own cocaine, heroin, and other harsher drugs. In addition to illegal ownership, you cannot sell the substance. The crimes are felonies and have sever penalties than previous crimes. Therefore, you will need the services of an experienced client to avoid conviction.
Where are the leading drug possession lawyers in Santee, CA?
The most affordable yet experienced drug possession lawyers in Santee, CA, with the best network, are available at our firm. They have the most useful strategies to minimize criminal consequences. Sit with them for free at the initial meeting. Contact us via email or phone.