One major charge under the umbrella of drug trafficking is Health & Safety Code 11379(a), commonly known as transportation of methamphetamine. This crime includes transportation for sale, administering, furnishing, selling, or giving away a controlled substance. H&S 11739(a) is very commonly charged in the Southern California area due to our location near the California- Mexico border. However, not every case involving H&S 11379(a) involves a drug cartel hiring drivers to take large amounts of methamphetamine across an international border. Rather, this crime is also commonly charged in cases where people are transporting a much smaller amount. Prosecutors must prove that you not only transported the substance, but that you knew of its presence and understood it to be controlled substance prohibited under California law.
Previously, this crime could be charged when any amount of a controlled substance was moved from one place to another, usually in a vehicle. However, changes in the law require that the controlled substance transported be in an amount greater than that solely for personal use. If the amount of the drug is not sufficient for sale, than the correct crime should be simple possession, under Health & Safety Code section 11377(a). Unfortunately, even with these changes, prosecutors continue to charge the crime of transportation when the controlled substance may only be for personal use. That is why it is imperative to have an experienced drug attorney review your case for you.
Transportation of a controlled substance is an irreducible felony and carries with it two, three, or four years in state prison and up to a $10,000 fine. This sentence could be enhanced if you crossed over two or more county lines within the state of California with the intent to sell, you transported a very large quantity of the substance, or you used a minor to help transport the substance. With the base crime of 11379(a), however, you would be ineligible for any type of drug diversion program, such as PC 1000, deferred entry of judgment. Simple possession, under 11377(a), on the other hand, will generally be charged as a misdemeanor, carrying with it up to one year in local county jail and/or a fine of up to $1,000. An experienced Temecula drug attorney will be able to argue that many transportation charges should actually be filed as simple possession cases, and get the charges reduced. If this happens, you may be eligible for drug diversion under PC 1000, and your case could ultimately be dismissed in its entirety, after drug diversion classes are completed.
If you or a loved one are charged with drug trafficking under Health & Safety Code 11379(a), contact The Law Offices of Parwana Anwar, PLC at 951-698-1250 today for your free consultation. Our attorneys have years of experience both prosecuting and defending all types of drug trafficking cases. An irreducible felony conviction on your record will negatively impact you for the rest of your life. Make sure you have the strongest defense by your side before you walk into court and walk out a convicted felon for a crime you did not commit.