Drug Offenses

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WHAT IS DRUG TRAFFICKING?

Drug trafficking can be as simple as walking down the street with a small bag of cocaine in your pocket, despite the fact that the phrase "drug trafficking" may conjure visions of vast tunnels and cartel operations. If you're found guilty of a drug trafficking offense, you could face significant jail time and fines. Typically, three factors determine the severity of penalties:

the kind of substance being trafficked, the quantity of the drug, and the criminal record of the accused drug trafficker (if you have prior convictions, up to three years may be added to a prison term for each conviction).

Enhancements to the punishment for drug crimes include:

• Selling or distributing narcotics to children
• The distribution of banned substances by a minor 
• Selling narcotics a thousand feet or less from a school.

Are you being investigated for a drug charge in Fresno or anywhere in the Central Valley? Call Yan E. Shrayberman to gain the assistance of our experienced Fresno criminal defense lawyers.

Because there are so many various restrictions in Fresno and the entire Central Valley, marijuana crimes can become confusing.

The State or Federal government might accuse you of a marijuana crime in a number of different ways. Sometimes marijuana crimes are misdemeanors or infractions when the State brings charges against you. However, the State is likely to charge you with a felony if you have a criminal history or if minors were involved in the crime. If the feds accuse you, it will also be a felony accusation.

The most typical marijuana charges in Fresno are listed below:

• a minor cannot possess marijuana
• excessive or concentrated marijuana possession
• selling cannabis oil, cannabis concentrates, or synthetic cannabinoids
• carrying marijuana to be sold

It is easy to understand why so many people become involved with the legal system given the variety of laws that are now in play. Yan E. Shrayberman will defend your rights and battle for your liberty and good reputation. Call us right now.

Health and Safety Code Section 11379 in California makes it illegal to possess any amount of methamphetamine. The prosecutor handling your case must be able to show each element of the crime beyond a reasonable doubt in order to prosecute you for possessing methamphetamine. In a case involving methamphetamine possession, certain elements must be established.

• You were in possession of methamphetamine illegally; 
• you were aware that you were in possession of methamphetamine; 
• and you had a sufficient quantity of the substance.

DEFENSES TO METHAMPHETAMINE POSSESSION CHARGES

You have the right to raise a defense when accused with narcotics possession in Fresno. Your defense should attempt to explain, absolve, or otherwise justify the accused behavior. The prosecution will find it challenging to establish your guilt beyond a reasonable doubt if these defenses hold up. The following defenses could be effective in your possession of methamphetamine case in Fresno:

• You were wrongly identified or wrongfully accused, 
• You didn't realize you were in possession of methamphetamine,
• You didn't know the substance in your possession was methamphetamine, 
• And/or you were the target of an illegal search or arrest.

The police should not be allowed to utilize any illegally obtained evidence against you when they abuse your rights by conducting an unauthorized search or arresting you without grounds.

Forging a prescription for medicines is a crime in and of itself. Possession of narcotics obtained by forgeries is a criminal as well. Anyone who "has in his or her possession any pharmaceuticals procured by a falsified prescription" is guilty of a crime, according to 4234(b) BPC.

Under 4234(b) BPC, knowledge is not necessarily a necessity. The law makes no mention of the requirement to "knowingly" possess medications obtained through forgeries. The state, however, would undoubtedly want to find out how you got the medications and whether you were aware they were gained by a counterfeit. If you are found guilty, the outcomes of this investigation will probably have an impact on your punishment.

Prescription drug fraud offenses are wobblers under California law under 4234 BPC. In other words, either offence (possession or forgery) might be charged as a felony or a misdemeanor. When deciding which charge is most relevant, the state will weigh a variety of variables. These may consist of:

• Your felony history
• Similar prior acts
• The quantity of narcotics you are in possession of, together with the extent of the forgery.

Forging a prescription for medicines or having drugs that have been gained by a forgery are considered crimes, and they include penalties like a year in jail or a $1,000 fine.

Forgery of a prescription for drugs or possession of drugs obtained through a forgery are both felonies in California and carry sentences of 16 months to 3 years in prison and/or $10,000.00 fine

It is illegal to possess a controlled substance. A more serious offence is having a controlled substance with the intent to sell it. According to Health and Safety Code 11351 HSC, it is prohibited to:

• Possess something to sell or buy something to sell it
• Any narcotic or restricted substance.

DEFENDING AGAINST CHARGES IN FRESNO FOR POSSESSION WITH THE INTENTION TO SELL

The mere fact that you have been held or accused of a crime does not guarantee that you will be found guilty. You must be found guilty of drug possession with the intent to sell in order for the prosecution to succeed. In fact, they must establish your guilt without a shadow of a doubt. Satisfying this burden of proof can be extremely challenging, particularly if the state is relying on circumstantial evidence.

By mounting a vigorous defense, you might make things even more difficult for the state. If you were detained for possession with the intent to sell, the following defenses might be useful:

• You had inadequate knowledge
• No controlled substance or analog exists
• No possession, actual or constructive
• No selling was intended because the narcotics were purely for personal use, and 
• Your constitutional rights were violated.

SYNTHETIC MARIJUANA: WHAT IS IT?

Synthetic marijuana, often known as Spice, Herbal incense, or K2, rose to popularity before marijuana was legalized in California. Why? Many producers assert that synthetic marijuana is more potent than the real thing while still passing a drug test. This presented a novel method of using marijuana without endangering your employment or passing a court-mandated drug test.

Despite marijuana being legalized, synthetic marijuana is still widely used today. Drug testing are still widely used nowadays. Despite the fact that marijuana usage is no longer illegal, there are still potential social and legal repercussions. Many people feel more comfortable using the substitute if synthetic cannabinoids won't show up on a drug test.

Why are artificial cannabinoids prohibited? In nature, marijuana is a chemical that occurs naturally. The preparation of the medication for usage involves very minimal processing. On the other side, synthetic cannabinoids are produced. Particularly, combining plant material with synthetic chemicals is a typical method for creating synthetic marijuana. Typically, the substance is smoked or ingested in liquid form.

There are no safety or quality control requirements because it is a black market. A synthetic drug's safety and quality are frequently uncertain. As a result, ingesting synthetic substances, such as cannabis, can be extremely risky. Numerous deadly overdoses have been caused by phony cannabis in recent years. In order to safeguard the public, the state of California has banned the usage of synthetic cannabinoids.