Sale or Transportation of a Controlled Substance in Los Angeles

Sale or Transportation of a Controlled Substance

One of the most serious drug crimes in California is transportation or sale of a controlled substance in violation of California Health and Safety Code Section 11352 HSC. Law enforcement agencies devote significant resources to investigating narcotics sales and trafficking offenses and those convicted of these crimes can face several years in state prison. However, there are several defenses that may applicable to someone who is accused of selling or transporting drugs and it is critical that anyone who has been arrested or is being investigated for this type of offense speak with a qualified attorney immediately.

The Elements of a Narcotics Sale or Transportations Crime

In order to convict a defendant of selling or transporting a controlled substance, the prosecution must be able to prove that the defendant sold, furnished, administered, gave away, transported or imported into California a controlled substance and that he or she knew of the presence of the controlled substance.

Many defendants are surprised to learn that sale or transportation charges under California Health and Safety Code Section 11352 HSC can be filed even when there is only a small amount of drugs involved. This law applies to prohibited drugs such as heroin, cocaine, LSD, certain prescription drugs and peyote. As long as the police discover a usable amount of the narcotic in question and have evidence that the drug was being sold or transported by the defendant, he or she can potentially be charged with drug sales and would face a much longer prison sentence compared with the penalties on simple drug possession, which is now on a misdemeanor offense.

Penalties Associated with the Sale or Transportation of Narcotics

Selling or transporting narcotics is always a felony level crime. A defendant who is convicted of selling or transporting a controlled substance can be sentenced to serve up to five years in prison in addition to a $20,000 fine. There are numerous aggravating factors that can lead to longer prison sentences. If the defendant transported a controlled substance over two or more county lines, the maximum sentence that he or she may receive is nine years. Selling drugs to minors or transporting excessive quantities of controlled substances can lead to longer prison sentences and more expensive court fines.

Legal Defenses to Sale or Transportation of Controlled Substances

There are a number of defenses that a defense attorney may raise in fighting a drug sale or drug transportation case. If the drugs were for personal use and the defendant did not intend to sell them, he or she may not be guilty of this offense. In addition, the fact that a defendant is found with drugs in his or her vehicle does not automatically mean that he or she is guilty of a transportation offense, especially if only a personal amount of narcotics is discovered.

Drug sale cases often rely on undercover sting operations. If the law enforcement operative is overly aggressive and pressures the defendant into making or arranging a drug sale, the defense may be able to raise a valid entrapment defense. In addition, many of these cases rely on the evidence or testimony of other people who may be paid police informants or those looking to reduce a jail or prison sentence. In these cases, the defense may be able to challenge the credibility of the prosecution’s witness.

If you or someone you know have been arrested for transporting or selling drugs, it is crucial that you meet with an attorney immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut understands how to effectively defend clients charged with drug sales offenses and has been able to have these charges significantly reduced and even dismissed in many cases.

For more information about selling or transporting a controlled substance, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
Eve Sal
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
Avvo User
There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!