Mojave California Drug Possession Defense Lawyer
Many people find themselves in the predicament of having been arrested and
charged with a drug offense in East Kern County. Most individuals were stopped
by law enforcement while on their way to Las Vegas, coming into California from
another state or heading out of state on highway 58. The arrest usually originate
from a traffic stop for speeding or some other vehicle code violation.
California Law prohibits nearly all types of drug possession. For some the
charges can involve simple possession, for others the case can quickly become
more serious when the officer believes that the suspect was carrying narcotics
for the purpose of sales or transporting the substance for something other than
personal use.
Some of the more common charges are as follows:
- Possession for Personal Use
- Possession with the Intent to Sell
- Manufacturing
- Transportation
- Distribution of Controlled Substance
- Under the Influence of Illegal Substance
- Fraudulent Prescription
- Paraphernalia
- Conspiracy to Transport Drugs
State Law allows for the use and simple possession of marijuana for individuals
with medical problems. The person must first obtain a doctor's authorization.
Some of the drugs that are prohibited are
- Methamphetamine
- Marijuana
- Cocaine
- Heroin
- Valium
- Codeine
- Vicodin
Defenses to drug charges vary depending on the circumstances of the arrest.
The events leading up to the search should be evaluated for the viability of a
motion to suppress due to a possible fourth amendment violation. For example,
it is not uncommon for individuals to be stopped on a roadway without sufficient
probable cause. The officer often will get a hunch based on the type of
automobile or act upon prejudice based on the race or ethnicity of the driver and
the vehicle's occupants. Under these circumstances an attorney can file what is
known as a 1538.5 motion challenging the legality of the stop, detention, arrest
and search. Should the Court rule in favor of the client, the evidence obtained
from the illegal action would all be thrown out and could not be used as evidence
against the client in a Court of Law. If you have been arrested for any Drug
felony or misdemeanor in the Mojave or Ridgecrest area contact our office for a
free consultation.