ASSISTING CALIFORNIANS WITH POSSESSION AND TRAFFICKING CHARGES WITH STRENGTH AND INTEGRITY
DRUG CRIMES | POSSESSION DEFENSE | CRIMINAL ATTORNEY SACRAMENTO
- Did the police arrest you and claim they found drugs in your home or car?
- Have you been charged with drug trafficking or possession for sale?
If you feel like you have no way to avoid prison, talk to the Law Offices of Richard Dudek . Let us explain the federal and California drug laws and help you find solid defenses to have your charges reduced or dismissed.
Richard Dudek is an experienced drug crime attorney who focuses solely on criminal defense. His private investigators have the experience to discover witness inconsistencies and problems with the evidence. Put your future in the hands of a talented, aggressive state and federal criminal defense attorney.
LEARN ABOUT CALIFORNIA DRUG POSSESSION LAWS
State and federal law treat drug offenses differently. For example, medical marijuana is legal in California but not under federal law. In California, drug possession is different from possession for sale or manufacturing. If you are charged with simple possession for personal use, the charge might be a felony, but with a clean record you are probably eligible for diversion programs that let you avoid pleading guilty and instead undergo drug education, testing and community service. Even if you plead guilty you may be eligible to go to a drug treatment facility instead of prison.
REQUIREMENTS FOR A DRUG POSSESSION CONVICTION
To convict you of possession for sale, the prosecution must prove that the drugs were yours, that you intended to sell them and that you knew they were a controlled substance. The prosecution is not required to prove you sold any drugs. Intent to sell is usually based on the amount of drugs and the “indicia of sales,” that is, evidence of weighing, packaging, visitations and drug transaction records.
DRUG MANUFACTURING AND THE LAW
Manufacturing drugs such as methamphetamine or PCP is a felony that could send you to prison for up to seven years. The law distinguishes between starting to produce the drug and “mere preparation” for manufacturing. If you purchase the equipment for a meth lab, that is not a crime. But if you start making methamphetamine you can be prosecuted even if the police arrest you before you finish cooking it.
DEFENSES AGAINST DRUG CHARGES IN CALIFORNIA
There are many defenses against drug charges, and our criminal defense attorney is practiced in defending clients charged with drug crimes. Richard Dudek reviews your case personally and talks to you about the defenses available. It may be that:
- There was no search warrant and the seizure of evidence was illegal and cannot be used against you
- There was a search warrant, but it did not authorize a search where the drugs were discovered
- The drugs are not yours
- There are not enough drugs for possession for sale charges
- You had no idea that the package contained a controlled substance
- The drugs are for personal use only
- These and other defenses may offer you a way out of conviction or prison. Talk to a qualified, resourceful drug defense attorney, Richard Dudek , to discuss your options.
HOW FEDERAL DRUG TRAFFICKING LAWS DIFFER FROM CALIFORNIA CASES
Federal drug trafficking offenses are almost universally charged as felonies. The “war on drugs” has encouraged federal agencies to investigate and arrest people involved in transporting, distributing or importing drugs. Federal prosecutions frequently charge cultivation of drugs, manufacturing of drugs and criminal conspiracy.
Unlike California, the federal courts sentence people based on the federal sentencing guidelines, which allow federal judges little flexibility. Many drug trafficking offenses carry mandatory minimum prison sentences of five years or more. Richard Dudek can discuss methods of reducing your federal prison time. There may also be ways of using your constitutional rights to suppress the evidence altogether.
EXPLORE DRUG DEFENSES WITH A HARD-HITTING CRIMINAL LAWYER IN SACRAMENTO
An arrest or prosecution for drug charges is not necessarily a one-way ticket to prison. Meet with experienced, resourceful Richard Dudek , a criminal law professional, and discover your options. Contact us online or by telephone at (916) 444-7595.