A California man was recently arrested for drug possession in connection with an alleged incident that transpired in Colorado three years ago.
Law enforcers claim that the accused allegedly brought two large boxes on board a chartered plane from Oakland, California on December 12, 2012. Authorities applied for a search warrant to inspect the boxes but the accused had already left by the time the warrant was issued.
The search, which was conducted in the absence of the accused, yielded 109 packages of suspected marijuana, allegedly weighing more than 100 pounds.
The accused now faces a charge of possession with intent to distribute a controlled substance in a quantity exceeding 25 pounds. In California, the penalty for possession of a controlled substance with intention to distribute may range from one to five years of imprisonment. Repeat offenders may suffer severe penalties.
Drug Crime Defenses
Anyone accused of a drug crime is presumed innocent and entitled to be heard in court, where counsel can raise drug crime defenses that are available under the situation.
A search warrant is ordinarily required before government can search private property. Any evidence such as alleged marijuana packages that turn up in a warrantless search may be excluded in court and may not be used against the defendant. If a search is conducted on the strength of a search warrant, then the search may still be attacked as being unconstitutional depending on the manner by which the warrant was executed.
Other drug crime defenses may be raised by questioning whether authorities had probable cause to stop and search the defendant.
Depending on the circumstances of the case, an accused may be entitled to implement a criminal defense strategy such as filing a motion to exclude illegally obtained evidence, presenting compelling evidence in your favor, and entering into plea bargaining with prosecution.
Importance of Criminal Defense Attorney
If you are charged with a drug crime such as possession of a controlled substance, your criminal defense attorney can question the legality of the search, the manner by which the search warrant was executed, and other circumstances in your case. Your attorney can examine the charge sheet, weigh the evidence against you, and determine the best possible strategy to protect your rights.
California-based criminal defense law firm Gurovich, Berk & Associates has more than 35 years of combined experience in drug crimes, assisting clients through effective drug crime defense strategies.
We also handle criminal defenses in other offenses involving theft, white collar crimes, gun crimes, and domestic violence, and invite you to call our offices today at (213) 385-1555 for a free initial consultation to discuss your particular situation.