Are You Facing Drug Trafficking Charges in a California State or Federal Court?

Our Experienced Drug Trafficking Attorneys have an Exceptional Track Record in California

The government takes drug trafficking seriously and employs a number of hard-hitting tactics like undercover sting operations to uncover (and in our experience fabricate) evidence of such criminal activity. Because of the push on controlling drug trafficking, innocent people too often find themselves being charged with a felony crime and facing prison time.

Undercover operations can result in entrapment, mistaken identity, and illegal search and seizure activities, and many charged with drug trafficking end up convicted when they could have gone free or had their sentences substantially reduced if they had the proper criminal defense lawyer.

As described in Joseph Tully’s book California: State of Collusion, law enforcement officers too frequently violate the California rules of search and seizure, misinform the court in order to get search warrants, make arrests with zero or improper evidence of possession, create police reports with exaggerations or fabricated information, coerce the alleged illegal behavior or “set-up” suspects and seek drug trafficking convictions based on flawed, false, or nonexistent “confidential informants.”

Tully & Weiss drug trafficking criminal lawyers will not tolerate violations of your rights or police misconduct and we scrutinize the prosecution’s case relentlessly to find any trace of inadmissible evidence or falsehoods.

What Are The Charges Associated With Drug Trafficking In California? Health & Safety Code 11352

Drug Trafficking refers to the manufacturing, transport, sale or distribution of illegal drugs and is punishable by both State and Federal laws. Whether or not you are charged with drug trafficking is largely dependent on the specific amount of the illegal drug involved. Even if you possess the drugs for personal use only, if the amount of drugs you hold exceeds the specified amount, you can be convicted of drug trafficking.

Under California Health & Safety Code 11352, the selling, distributing, administering, giving away, transporting, importing or exporting of controlled substances is a felony crime. Drug trafficking charges may include (but are not limited to):

• Purchase with the intent to sell
• Importing/Exporting with the intent to sell
• Conspiracy relating to drug transactions
• Transporting across state or national borders with intent to sell

Federal Drug Trafficking Laws Under 21 U.S.C. 841

In addition to California State law, Federal law prohibits drug trafficking under 21 U.S.C. § 841. Federal agents may be triggered to initiate a drug trafficking investigation if you are allegedly moving large amounts of the illegal substance, you are suspected of moving the illegal substance across state or U.S. borders, or you are allegedly dealing in a High Intensity Drug Trafficking Area, a specified area of high illegal drug activity where Federal authorities focus surveillance and investigation.

With a combined 40 years in criminal defense experience, Tully & Weiss drug trafficking defense lawyers are known for making the prosecution prove every element of their case with irrefutable honest evidence and witnesses before considering a plea offer and many cases against our clients unravel due to our scrutiny of evidence and law enforcement foul play during the arrest and/or investigation stages.

The Tully Weiss team has a superb track record with felony and misdemeanor charges throughout Contra Costa and Alameda Counties and across the state of California.

What are the Penalties for a California Drug Trafficking Conviction?

Suspects can be prosecuted for violating both California and Federal drug trafficking laws and penalties can be severe. The punishment and sentencing for drug trafficking are dependent on a number of factors, including the defendant’s age, type of drug involved, the amount of drug involved, location of the trafficking activity, prior criminal convictions, current probation status, potential harm to the public, psychiatric history and drug rehabilitation efforts.

Violation of California and/or federal drug trafficking laws is punishable by:

Incarceration (Jail or Prison): A drug trafficking conviction is normally punishable anywhere from 1 year to life in prison and is subject to state mandatory minimum sentence laws – meaning you must serve the state mandatory minimum sentence before being eligible for parole.

Fines: A conviction of California drug trafficking is punishable by fines of up to $100,000 or more. A conviction of Federal drug trafficking is punishable by fines of more than $10 million.

Additional Penalties

• Drug offender registration requirement
• Ineligibility for Federal or State benefits
• Suspension or revocation of professional state licenses
• Deportation if you are an immigrant or illegal alien

A drug trafficking conviction will change life as you know it. But an arrest is NOT a conviction. There is ALWAYS a defense to a drug trafficking charge. A Tully & Weiss California attorney will work diligently to ensure you have the absolute best defense to preserve your freedom and future.

Our solid reputation for outworking the prosecution and law enforcement shows we don’t skip any opportunity in your defense. We make prosecutors prove beyond a doubt each and every element of their case with bona fide evidence & truthful witnesses of good reputation.

Our elite Certified Criminal Law Specialist designation, held by only a handful of California criminal attorneys who have achieved this expert level, proves that we fight hard for our clients and come out on top. We care about your freedom, your family and your future and know what’s at stake for you.

What Defense Strategies are Available to Fight a Drug Trafficking Charge in California?

One key to defending a drug trafficking charge is showing that you did not have the illegal drug in your possession and/or the amount does not exceed the limit governed by drug trafficking laws. The drug trafficking defense attorneys at Tully & Weiss work aggressively to build a customized defense strategy to have charges of drug trafficking reduced or dismissed by establishing the real facts of the case and examining the prosecution’s evidence against you.

Some of the defenses we may use to fight a charge of drug trafficking include:

• Lack of possession: If the prosecution cannot prove that you knowingly and intentionally possessed the controlled substance in question, you cannot be convicted of drug trafficking. Evidence that the drugs were in your vicinity but were not under your control or were never under your control can provide a strong complete defense.

• Insignificant amount: Drug trafficking laws specify an amount of drug that must be present for drug trafficking to be an applicable charge. The amount of drug required depends upon the type of drug. State and Federal laws define the different required amounts for each drug; if you didn’t have it, they can’t prove it and charges can be dismissed.

• Entrapment: If the only reason you acted to commit a drug trafficking crime was that the police coerced or tricked you into doing so, entrapment can provide a total defense to a drug trafficking charge. In California, entrapment happens all too often but it takes a skilled defense attorney to prove this despicable conduct by law enforcement.

• Police Misconduct: If law enforcement has engaged in misconduct during the investigation, discovery or seizure of the drug, a drug trafficking charge may be dismissed. Police and law enforcement misconduct which covers everything from misrepresenting facts to cutting corners to outright fraud is a too-frequent circumstance in California and can provide a complete defense.

• Illegal search and seizure: If law enforcement has violated California’s search and seizure laws by not providing a valid search warrant or working outside of the scope of that warrant, or if police misrepresented facts to get the warrant, we will file a motion to dismiss the evidence (it gets thrown out) obtained through that illegal activity.

• Movement across borders: If the alleged drug trafficking offense cannot be shown to have involved movement across State or national borders, a charge of Federal drug trafficking cannot apply.

Several questions as to the facts of the case may bear weight in a powerful defense strategy, including the lack of actual or potential harm to the public, lack of a prior criminal record, medical conditions that may have reduced culpability, or lack of planning, sophistication or professionalism of the crime.

Because charges of drug trafficking crimes are among the most serious criminal charges you can face and often bring steep penalties and minimum mandatory sentences, you need to connect with a Tully & Weiss California drug trafficking defense attorney as soon as possible if you have been questioned by police or are charged with drug trafficking.

Our first meeting by phone or in person is free and confidential. We will listen to your facts and circumstance, discuss the realities of the case, go over applicable State and Federal laws and outline your options.

Hiring a Tully & Weiss California drug trafficking defense attorney could mean the difference between a life of freedom and opportunity and in the alternative years in State or Federal custody.