Los Angeles Serious Drug Offense Lawyer

LOS ANGELES DRUG SALES ATTORNEY

Drugs are everywhere in California.  Despite clearly losing this war every day since its inception, our government continues to spend vast resources enforcing strict drug laws, hoping to marginally disrupt an unstoppable drug trade.  Dedicated enforcement of drug laws has contributed heavily to the violence associated with the drug trade, as well as affecting the types and forms of drugs available on the market.  Without the "War on Drugs" we might not have modern day street gangs, dangerous drug cartels, and the most dangerous and disruptive drugs found on our streets (e.g. crack, methamphetamine, etc.) may never have been created in the first place.  Our society has demonized drug dealers, failing to recognize the true problems that .  While historically considered to be soft on marijuana, California actually has some of the strictest drug laws on the planet.  Paired with California's "Three Strikes" Law and other enhancements for prior convictions and gang activity, selling drugs can land someone in prison for life. 

CONSEQUENCES OF DRUG SALES CASES
Sales offenses are generally not eligible for diversion programs, even for first time offenders.  Avoiding California State Prison and jail time in CA drug sales cases can be done.  You might have strong motion to suppress issues if the arresting officers violated your Fourth or Fifth Amendment rights.  You may have been the victim of entrapment.  Additionally, the police may have mistaken (1) a non-controlled substance for a drug, (2) drugs possessed for personal use as drugs possessed for sale, (3) a lawful medical marijuana dispensary for an illegal one.  By effectively arguing for you, asserting your rights and defenses, or through effective negotiation, your attorney can work to get you the best possible outcome in your Los Angeles Criminal Court case. 

POSSESSION OF NARCOTICS FOR SALE (HS 11351 and HS 11378)
It is a felony under Health & Safety Code 11351 to possess illegal drugs with the intention to sell (cocaine, heroin, prescription medications, and more.  Health and Safety Code 11378 makes it a felony to possess methamphetamine, MDMA, PCP and other manufactured drugs for sale.  The law does not require that an alleged drug dealer be caught in the act of selling any narcotics.  Many factors may help a prosecutor establish the necessary facts to charge, and even convict someone of drug sales.  Quantity, packaging, scales, bags, vials, processing equipment and more can go to establish sales.  User paraphernalia such as pipes or needles can help to counter drug sales cases.  All drug sales charges are straight felonies, and cannot be reduced to misdemeanors without a plea negotiation to a lesser offense.

SALE OR TRANSPORTATION OF A CONTROLLED SUBSTANCE (HS 11352 and HS 11379)
Under Health & Safety Code 11352 (cocaine, heroin, prescription drugs), and Health & Safety Code 11379 (methamphetamine, PCP, MDMA) it is a felony in California to sell (or even give away) illegal drugs.  There are serious consequences to being caught selling drugs or transporting a quantity that indicates the drugs are possessed to be sold or furnished to others.  These determinations are fact-specific and leave room for your attorney to argue on your behalf, for a better outcome in your case.

SALE OR TRANSPORTATION OF MARIJUANA | POSSESSION OF MARIJUANA FOR SALE (HS 11359)
Health and Safety Code 11359 imposes really harsh punishments for marijuana sales.  Someone charged with marijuana sales could get up to 7 years in prison (if sold to a minor under 15), but many people charged with marijuana possession for sale do not end up doing any prison time, instead serving county jail sentences.  You do have defenses in drug sales cases, including entrapment, Fourth or Fifth Amendment violations, lack of intent, officer mistakes, and more.  In some cases, it may be possible to negotiate down to a lesser charge, like possession of marijuana concentrate, which can later be reduced to a misdemeanor, helping to avoid a permanent felony conviction.

CULTIVATION OF MARIJUANA (HS 11358)
Growing marijuana, even for personal use, is a felony pursuant to Health and Safety Code Section 11358.  If cultivation is for personal use, it may be eligible for Deferred Entry of Judgment (a delayed dismissal of your case).  Marijuana cultivation cases often involve Fourth Amendment search and seizure issues.  Additionally, asserting medical marijuana defenses can be an important part of defending a marijuana cultivation charge.  Smaller grow operations may qualify for immunity simply with a medical marijuana recommendations.  Larger grow operations are more difficult to defend, but can sometimes operate lawfully as a collective.  For specific questions regarding marijuana grow operations, contact our office for a free consultation with a Los Angeles Criminal Defense Attorney.

MANUFACTURE OF NARCOTICS (HS 11379.6)
Health & Safety Code 11379.6 provides the harshest punishments of all California drug crimes.  It can apply to anything from making marijuana concentrates up to operating a meth lab.  These charges are very serious, but you may have defenses.  The Fourth Amendment may make the search that led to an arrest unlawful or other evidence may have been obtained in violation of your rights.

POSSESSION OF NARCOTICS WHILE ARMED WITH A LOADED FIREARM (HS 113070.1)
It is a crime in CA to possess drugs and be "armed with" a firearm.  The "armed with" definition is more narrow than the definition of possession.  While a defendant who has a firearm in his home is in possession of that firearm, the defendant is only "armed with" the firearm if it is immediately available for offensive or defensive use.  For example, if the gun is in a locked tool box in the back of a pick up truck, CA courts have ruled that the defendant is not "armed with" the gun under the law.

NOTE:  The Immigration Consequences of a drug sales conviction are severe.  A non-citizen convicted of a sales offense will be deported, denied naturalization or re-entry and suffer other negative immigration consequences for this serious conviction.

If you have been arrested or charged with a serious drug offense in Los Angeles, you need a passionate, aggressive, experienced Los Angeles Criminal Defense Attorney to fight for you.  Your lawyer can assert your rights and defenses while fighting and negotiating for the best possible disposition in your case.  Contact the Law Offices of Nicholas Loncar now for a free consultation.

FREE CONSULTATIONS 213-375-3775

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

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