Cocaine Sale DUI Lawyer Newport Beach
If you have been charged with Sales of Cocaine in Newport Beach for selling, giving away, transporting, or importing cocaine, you should contact an experienced Lawyer for Sales of Cocaine Newport Beach to get in touch with a law firm that works with a team of professionals on the matter and that knows how to handle those particular kinds of Cocaine Sales charges.
In Newport Beach, a Sales of Cocaine charge is likely to result from a police encounter, such as an undercover drug sting or residential search warrant, possibly based on information provided to police by an informant. Although not technically a sale, other actions such as transportation or importation of cocaine may result in a charge for sales of cocaine in Newport Beach.
If you have a charge for Sales of Cocaine in Newport Beach you need to act immediately because the penalties are severe, including prison or jail time, stiff penalties, parole or probation, drug rehabilitation, and community service. Also, if you are deemed to be addicted to cocaine then you may lose your driving privileges in Newport Beach.Call Now (949) 954-7729
Cocaine is a Schedule II Controlled Substance, meaning that it has a high potential for abuse, but it does have some accepted medical use. In other words, you can get a prescription for cocaine. Prescriptions for cocaine are rare.
Cocaine based substances are a stimulant, derived from the coca plant. Cocaine is used recreationally to enjoy euphoric feelings, a high energy speed sensation, and to enhance the effects of alcohol. Unfortunately, cocaine can cause serious bodily harm including, but not limited to, a disrupted nervous system, altered moods and personality, and heavy addiction. Long term use of cocaine can lead to psychotic behavior, prolonged anxiety, tissue damage, high blood pressure, and breathing and cardiac symptoms that often lead to heart attacks.
First, let Sales of Cocaine Lawyers in Newport Beach give you the relevant law. The relevant portion of the law that is applicable to Sales of Cocaine in Newport Beach is summarized below. However, the full text of the Sales of Cocaine laws in Newport Beach can be found in California Health and Safety Code Section 11352.
To prove that the defendant is guilty of Sales of Cocaine, the Prosecutor must prove that:
- The defendant (sold /gave away/transported/imported into California) cocaine;
The defendant knew of its presence; AND
The defendant knew of the substance's nature or character as cocaine.
In Newport Beach, sales of cocaine can result from “actual sales” by exchanging cocaine for money, services, or anything of value. Sales of cocaine can also be charged as “transportation” if you merely move cocaine from one location to another, even if the distance is short, even without any sales at all. Importation is charged where there is some evidence the defendant imported cocaine into California from another state or country.
The Sales of Cocaine laws in Newport Beach can be confusing to a defendant charged with a crime. Our team of lawyers knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense.
If you are convicted of Sales of Cocaine in Newport Beach, you may face severe penalties. Sales of Cocaine in Newport Beach is a felony.
The statutory sentence for Sales of Cocaine in Newport Beach includes a prison sentence from two to four years. However, depending on the circumstances of your case, the possible sentence can be elevated to a range of three to nine years. Additionally, there is a fine of up to $10,000. (See HSC 11352 and CPC 1170(h).) Also, a court may say that you are addicted to cocaine and you may lose your driving privileges in Newport Beach. (CVC 23152(c).)
However, if you possess more than one kilogram of cocaine then you face an additional penalty of between three and twenty-five years in prison, and millions of dollars in fines. (HSC 11370.4)
There are also a number of aggravating circumstances which may increase the severity of your punishment if convicted of Sales of Cocaine. For instance, if you possess both cocaine and a loaded or unloaded gun, then you may face increased penalties. (See HSC 11370.1.)
Sales of cocaine in certain locations, such as public parks, or places where children are present, or within 1,000 feet of a school, could lead to an increased penalty. Also, if you induce a minor to possess, or use a minor to possess cocaine, then you may face increased penalties, including longer prison or jail time, longer probation, and larger fines. (See HSC 11353, 11353.1, 11353.5, 11353.6.)
Immigration status may be affected by a conviction for Possession of Cocaine. In other words, you may be deported, or your eligibility for admissibility to the United States may be impacted if you are convicted of possession of cocaine.
Our team of lawyers may be able to assist you with a number of different options if you are convicted of Sales of Cocaine. In Newport Beach, a prison sentence for sales of cocaine may be shifted to a local jail sentence. You may also be eligible for probation or community service.
Our team of lawyers may be able to get your charges reduced to simple possession, or dispensing a drug without a license. If we can get your charges reduced then you may be eligible for drug diversion programs such as PC 1000, Proposition 36, and drug courts.
Just because you were charged with a crime doesn’t mean that you committed one. There are a number of defenses to a charge of sales of cocaine. Although some of those defenses are listed below, there may be additional defenses that apply depending on the individual facts of your case.
Our team of lawyers diligently reviews your case file to see if there are any reasons that the court may dismiss your case. An improper search warrant, or an improper search by police may get your case dismissed before trial. Improper arrest procedures, and other improper police actions may also get your case dismissed.
Entrapment may be a defense to Sales of Cocaine in Newport Beach if the police gave you the idea to sell coke, or if you were pressured by police to sell coke.
If you did not know that the substance was cocaine, or if you were completely unaware that you possessed the drug, then you may have a good defense. Also, if you found the cocaine, and only possessed the drug so that you could destroy or dispose of it, then you may have a defense under a law called “momentary possession”.
If you overdosed on drugs and sought emergency care, only to be arrested for sales of cocaine, then you are protected under the law. Also, if you sought medical services for someone else who had overdosed on drugs, and then you were arrested for cocaine, then you have a defense in court.
If the amount of cocaine you possessed was nothing more than debris, traces, or residue, our team of lawyers may be able to get a lab analysis which shows the weight of the drug is not a useable amount.
Your individual defense will depend on the individual facts of your case. Contact our office so that we can determine the best defense based on the circumstances of your case.
Our team of lawyers know this area of law and may be able to get your Sales of Cocaine charges reduced. Although a dismissal is the most favorable outcome, a reduced charge may be the best option available to you based on the evidence in your case. It is possible to get your charges reduced to a misdemeanor such as Dispensing Drugs Without a License (HSC 11352.1) or lesser charge such as Simple Possession of Cocaine that will enable to you to enroll in a drug diversion program (HSC 11350).
To find a defendant guilty of Possession for Sales of Cocaine in Newport Beach, the Prosecutor must show that you possessed cocaine with the intent to sell it. (See HSC 11351). The Prosecutor can try to show that you intended to sell cocaine in Newport Beach in a number of ways. For instance, cell phone messages indicating coke sales is a red flag, and may be admissible in court to show your intent to sell coke. Also, a large amount of coke, baggies, money, weapons, and owe lists can be used to show you intend to sell coke. Other indicators could include increased traffic to a residence or something as simple as the trash can left at the curb with coke trash inside. A lot of times confidential informants, snitches, or undercover police provide the information necessary to show your intent to sell cocaine in Newport Beach.
If you have been charged with Possession for Sales of Cocaine then you need to act now because the penalties are as severe as those for Sales of Cocaine.
If you have prior convictions for sales of drugs, then you may face increased penalties in your current Sales of Cocaine case. Our team of lawyers aggressively challenges any prior convictions. For instance, if your prior sales of drugs conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Sales of Cocaine penalties. Call our team of lawyers today to see how your prior convictions may impact your current Sales of Cocaine charge.
Contact Team Sales of Cocaine Newport Beach today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.