One of the most grave offenses you could face under the Penal Code is a drug-related offense. Law enforcement agencies dedicate a lot of time and resources to investigating drug-related cases, especially those that involve sales and transportation.
If you are charged or are under investigation as a culprit in a criminal case involving transportation for the sale of a controlled drug substance, you have options. The step you will take afterward can mean the difference between a conviction and obtaining your freedom without a criminal charge.
According to Health and Safety Code (HS) 11352, the crime of transportation for the sale of a controlled drug substance is chargeable and punishable as a felony. However, you do not have to face the prosecutor and the judges alone. At California Criminal Lawyer Group, we can help you challenge the criminal allegations you are up against for the best possible outcome.
Do not hesitate to contact us anytime if you or a loved one is under investigation or arrest or have a pending HS 11352 charge in Fresno for legal advice and aggressive legal representation in court.
Understanding Transportation for Sale of a Controlled Drug Substance Offense Under HS 11352
According to HS 11352, it is illegal to furnish, give someone, import, administer, sell, transport, or offer to transport a controlled drug substance. In a few words, this law is targeted or aimed at individuals who engage in unlawful drug transactions and trafficking, selling, importing, and supplying controlled drug substances from one border to the other.
While for marijuana-related cases, adults can only face HS 11352 charges if the amount they had in their possession is above 28.5 grams (one ounce), for other drug-related offenses, even small amounts could attract these charges. Unfortunately, when your case reaches the prosecutor's desk, it is up to you to work on proving your innocence at trial to obtain your freedom or a lighter sentence.
That is where the services of a seasoned defense attorney become crucial and necessary. Aside from being your legal counsel, an aggressive and skilled defense attorney can help you avoid a conviction or obtain a lighter charge with less harsh consequences.
Controlled Drug Substances Covered Under HS 11352
A controlled substance is any drug tightly regulated or controlled by the government because of its likelihood of addiction and abuse. However, HS 11352 does not cover all controlled drug substances. Some of the controlled drug substances covered under this statute include prescription drugs and narcotics such as:
- Heroin.
- Methamphetamine "meth".
- Cocaine.
- LSD (lysergic acid diethylamide).
- Peyote.
- Betamethadol.
- Opioids.
- Oxycodone.
- Morphine.
- Codeine.
- Mescaline.
However, if you have a medical-approved prescription to use any of these drugs, that could work as a defense to challenge HS 11352 charges at trial to obtain a desirable result.
Bail Eligibility When Charged With a HS 11352 Violation
Undoubtedly, no experience is worse than being locked up in jail, even for a few hours. Every minute behind bars seems like an hour, but you have options. Upon an arrest, every arrestee has a legal right to post bail unless the charges you are up against are serious. For instance, capital crimes like treason and first-degree murder will make you ineligible to post bail upon an arrest.
If you are arrested or charged with an offense under HS 11352, the police will hold you in custody after passing the booking process unless you post bail. For less serious crimes, like possession of controlled drug substances, the officer will likely have a predetermined bail amount for the offense.
However, for a grave offense like an HS 11352 violation, the officer will not allow you to secure your freedom on bail before the bail hearing, where a judge determines whether you are eligible for a release from the detention facility on bail. The following factors will come into play when determining whether you are an excellent candidate for release from jail on bail:
- Whether you are a flight risk.
- The severity and nature of your offense.
- Your record of making your court appearance after posting bail.
- Whether you have community or family ties.
- Public safety.
You will likely qualify to post bail when charged with a drug offense under HS 11352 if your defense attorney can prove that you are not a public threat and are ready to make your court appearances on time as required.
Since the amount the judge will require for a serious offense like transportation for the sale of a controlled substance under HS 11352 is often unaffordable, you should consider working with a bail bondsman to help you obtain your freedom. The services of a bail bondsman come in handy if you are in this situation to secure quick release from jail on bond.
A bail bondsman will sign an agreement with the court to settle your total bail price when you fail or refuse to make the court-scheduled appearances to challenge the allegations you are up against. In exchange for these prompt services in your time of need, you will pay the bondsman ten percent of your bail price as his/her premium (service fee).
Obtaining a quick release from jail upon an arrest as a suspect in a criminal case that involves the transportation of illegal drug substances gives you ample time to prepare for the case. Most importantly, you will also have a chance to move on with your usual daily activities, including working to earn sufficient money to hire a reliable defense attorney for legal representation.
When you fail to post bail when charged as a suspect in a criminal case involving drug transportation for sale, you will await your trial hearing behind bars, which can occur after several weeks or months while in legal custody.
What to Expect at the Pretrial Hearing When Charged With an Alleged HS 11352 Violation
When you enter a "not guilty" plea at the arraignment, the next stage of the court process that you should prepare for is the pretrial hearing. The purpose of the pretrial hearing is to give the prosecutor and your attorney a chance to exchange evidence and negotiate plea bargain possibilities in your case.
The pretrial hearing is crucial because the judge will likely dismiss many cases at this phase of the legal justice system. Your defense attorney will likely submit any of the following motions during this hearing to obtain the best possible outcome:
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Motion to Dismiss
Your defense attorney can file this motion if he/she believes the arresting officers lacked probable cause to arrest you.
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The Pitchess Motion
This motion is a request to access the arresting officer's file to find out if he/she has a history of misconduct issues like racial profiling. If it turns out that the officer has a history of misconduct and complaints, your attorney can attack his/her credibility and the evidence he/she obtained from you. The prosecutor could dismiss your case if this motion works in your favor.
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Motion Suppress
If the arresting officers obtained any evidence from you unlawfully without a search warrant, your attorney can file this motion, requesting the court disregard that evidence. When granted, the evidence the arresting officer obtained illegally will not apply against you at trial.
Depending on your case facts, your attorney can help you decide the best motion to file for a desirable outcome. Even if these motions are unsuccessful, it does not mean your defense attorney cannot have your case resolved in other ways. Your attorney can negotiate with the prosecutor to obtain a favorable plea agreement offer to reduce your HS 11352 charges.
The Trial Phase of the Criminal Justice System
To secure a guilty verdict against you under HS 11352, the prosecutor must prove particular elements, including:
- You had a controlled drug substance in your possession or in a place you have control over, including your apartment.
- You sold, furnished, imported, transported, administered, or gave away a controlled drug substance.
- You were aware of the substance's presence and nature as a controlled drug substance.
- You had the criminal intent to sell or give another person the controlled drug substance you were transporting.
- The controlled drug substance you had in your possession was a usable amount.
The legal burden of proof at the trial hearing lies on the prosecutor presiding over your case. If the prosecutor cannot prove these facts or "elements of the crime" beyond a reasonable doubt, you will not be guilty under HS 11352.
That means the court will have no choice but to dismiss your case and let you go free. If you were out of jail on bail awaiting your case trial date, the court would exonerate your bail. That means you will receive your money back if you had to post cash bail to obtain a release from jail after your arrest.
However, if the services of a bail bondsman were ideal in your situation after an arrest, you would not receive the 10% fee the bondsman charged for his/her services. Most defense attorneys will recommend using the services of a bail bondsman to avoid putting your money at stake while you are out on bail.
Legal Penalties for a Conviction Under HS 11352
Drug transportation for sale is a felony offense under HS 11352. If you are guilty under this statute, your sentence could include:
- A fine amounting to up to $20,000.
- Felony probation.
- Detention in the county jail for three, four, or five years under the realignment program.
Up to nine (9) years of jail time if the prosecutor can prove that you transported the drugs across two or more county lines. Sometimes, depending on your case facts and your attorney's mitigating arguments, the court could award you felony probation instead of a prison sentence upon a conviction under HS 11352.
If the court imposes felony probation, you should be happy because you will not spend your sentence behind bars. However, you should be ready to adhere to some terms and conditions. The specific terms and conditions the court will require you to comply with will depend on your unique case's facts and circumstances. Some of these terms and conditions include:
- Paying court fees.
- Agree to random drug testing.
- Agree to regular and random meetings with a court-appointed probation officer.
- Attend a counseling session.
- Enroll in a drug treatment program.
- Agree to random police searches.
- Perform community service.
If you violate these terms and conditions, the court will issue a warrant authorizing the police to arrest and detain you. Then, the judge will hold a hearing to determine whether the probation violation allegations you are up against are true. At the end of this hearing, the judge could decide to do the following:
- Revoke your probation and order you to serve the maximum jail sentence required for your offense conviction.
- Modify your probation conditions and set more strict conditions.
- Give you a stern warning and reinstate your probation with the same terms.
Aggravating Factors that Can Increase Penalties
If the prosecutor can prove the following aggravating factors exist in your drug transportation case, your sentence upon a conviction under HS 11352 will be harsher:
- You had large quantities of cocaine or heroin.
- You have prior convictions for drug-related cases.
- The offense occurred near a homeless shelter or a drug treatment facility.
- The total weight of the involved controlled drug substance exceeded eighty (80) kilograms.
- Selling or furnishing a controlled drug substance to specific individuals, including people with mental health issues and expectant mothers.
The court will add extra and consecutive jail time if the prosecutor can prove any of the above aggravating factors exist in your case. The additional jail time the court will add will depend on the facts of your unique case.
Other Potential Consequences of a Conviction Under HS 11352
A conviction for the offense of transportation of controlled substances for sale under HS 11352 could have many detrimental consequences for your life on top of the above legal penalties. Some of these consequences include:
Loss of Professional Licenses
If you are a lawyer, nurse, doctor, or pharmacist or are a professional who requires licensing from the board, a felony HS 11352 violation conviction could negatively affect your professional license.
Depending on the circumstances of your case and your board's policies, you should expect revocation or suspension of your professional license upon a conviction under this statute. If you have not yet obtained your professional license, a felony HS 11352 violation conviction could also make you ineligible for a professional license.
A Felony Record
Unfortunately, upon a conviction for the offense of drug transportation for sale under HS 11352, you will have a permanent felony criminal record, which could make it challenging to do the following:
- Qualify for reliable employment.
- Rent an apartment or house to live in.
- Qualify for college admission.
Immigration consequences
A felony HS 11352 violation conviction could attract negative immigration repercussions regardless of how well-established your life is here and the duration you have lived in the country. Some of these negative immigration consequences include:
- Deportation.
- Inadmissibility to re-enter the country after deportation.
- Denial of your application for a green card or immigrant visa.
Loss of Child Custody
A felony HS 11352 violation conviction could make the family court judge deny you custody of your children or have them placed in foster care while serving your sentence.
Loss of Your Gun Rights
Unfortunately, it is illegal under PC 29800 for a felony to carry, possess, buy, receive, own, or have control over a firearm. If you are guilty of a PC 29800 violation, you could receive a jail sentence of up to three (3) years and a fine not exceeding $10,000.
How to Challenge Drug Transportation for Sale Charges Under HS 11352
For you to be guilty of the offense of drug transportation for sale under HS 11352, the prosecutor must prove all elements of the crime to the judge or jury beyond a reasonable doubt. That means if your defense attorney's legal defenses can cast doubt on the prosecutor's case against you, the court could drop or reduce your HS 11352 charges.
Some of the viable legal defenses most attorneys will use to challenge this criminal charge include, (but are not limited to) the following:
- You had a valid and medically approved prescription to use the controlled drug substance.
- You are a victim of mistaken identity.
- You were unaware the substance you were transporting was a controlled drug substance.
- The evidence the prosecutor has against you is illegal.
- The police entrapped you to commit the crime.
- A police misconduct issue, like racial profiling, led to fabricated evidence.
- You did not have the intent to sell the controlled drug substance.
Some of these defenses could convince the judge to dismiss your charges. Others will only convince the judge to reduce your HS 11352 charges to a simple possession charge, which carries a lighter sentence.
It is upon your defense attorney to closely assess and examine your unique case's facts and particulars to determine the most suitable defenses that can work in your favor to obtain a favorable outcome.
Transportation for Sale of a Controlled Drug Substance and Related Crimes
An HS 11352 charge is closely related to several other offenses because they share similar facts, which the prosecutor must prove at trial to secure a conviction against you. Some of these offenses include (but are not limited to) the following:
Possession for Sale of a Controlled Drug Substance
According to HS 11351, it is illegal for you to possess a controlled drug substance with the criminal intent to distribute or sell it. Since it is a felony, if the prosecutor obtains a conviction against you under HS 11351, your sentence could include up to four (4) years of jail time and a fine not exceeding $20,000.
Transportation or Sale of Methamphetamine
According to HS 11379, it is a crime to sell or transport methamphetamine with the intent to sell it. If you are guilty of this felony offense, your legal penalties could include not more than four (4) years of jail time and a fine not exceeding $10,000.
Possession of a Controlled Drug Substance
HS 11350(a) makes it unlawful to be in the illegal possession of a controlled drug substance, including narcotics and prescription drugs, without a valid doctor's prescription. Also referred to as simple possession, this offense is chargeable as a misdemeanor and will attract the following penalties upon conviction:
- Up to one year of jail time.
- A fine amounting to up to $1,000.
If the prosecutor does not have sufficient evidence to secure a conviction against you under HS 11352, he/she will likely file HS 11350(a) charges against you.
Laundering of Drug Money
According to HS 11370.9, it is illegal to launder money or proceeds from illegal drug sales knowingly. For the sake of this law, to launder means to disguise or hide the source of your drug money. If you are guilty of laundering drug money, you could face felony or misdemeanor penalties.
Whether you will receive felony or misdemeanor penalties upon conviction under HS 11370.9 will depend on your criminal record and the facts of your case. A felony conviction under this statute will carry up to four (4) years of jail time. However, a misdemeanor HS 11370.9 violation will carry a lighter sentence, including up to one (1) year of jail time.
Find a Reliable Fresno Defense Attorney Near Me
The truth about the offense of transportation for the sale of a controlled substance is that this crime is defensible. That means that with clear evidence backed up with proper arguments, your defense attorney could convince the jury or judge to dismiss or reduce the HS 11352 charge to a lighter offense.
If you or a loved one is facing these charges in Fresno, our reliable attorneys at California Criminal Lawyer Group can intervene and help you obtain a desirable outcome. We invite you to call us at 559-712-8377 to discuss the details of your case with our defense attorneys for outstanding legal representation.
