DRUG/DRUG POSSESSION/DRUG SALES

Drug cases generally fit into one of the following categories: allegations of being under the influence of drugs, possession of drugs, transportation of drugs, possession/transportation of drugs for sale and cultivation/manufacturing of drugs.   

Drug Possession
For most controlled substances, possession for personal use is a felony. Misdemeanor charges include marijuana (cannabis) possession, being under the influence of a drug, and possession of drug-related items called paraphernalia (pipes, bongs, etc.).

Drug Possession with the Intent to Sell
It is a felony to possess or buy illegal drugs that you intend to sell. The prosecution doesn’t have to prove that you sold them—just that you intended to sell them. Money need not change hands to be convicted of drug possession for sale. Intent to sell can be proven by evidence such as drug packaging (small bundles), weighing scales, cutting agents, people coming to/going from your home at all hours, fortified windows, conversations with police informants, undercover officers, or wiretapped telephone (cell, portable or landline) conversations.

Drug Transportation
California drug traffic laws prohibit the transporting, importing and selling/distribution of controlled substances. Transporting, importing, or selling drugs is a felony, unless you’re arrested with less than 28.5 grams of marijuana (cannabis) and the marijuana is for your own personal use then it is a misdemeanor. You can also be charged and convicted of trafficking if you aided, abetted, and conspired with anyone to sell or purchase illegal drugs.

Manufacturing Drugs
In California, it is a felony to Plant, cultivate (grow, care for) or harvest marijuana, Manufacture illegal drugs (such as methamphetamine or rock cocaine) or possess the chemicals necessary to manufacture illegal drugs.

DRUG OFFENSE penalties can be very serious. You could end up in county jail or state prison. Your car or anything else linked to the drug crime could be taken away (Forfeiture Proceedings). You could lose your driver’s license, have to pay a fine, and/or be required to register as a narcotics offender. How the crime is charged and punished depends on the type and quantity of the drugs involved, whether the drugs were for personal use or for sale, and if the defendant has a criminal record.
The vast majority of these cases turn on your lawyer’s knowledge, or lack there of, your 4th Amendment right to be free from unreasonable searches and seizures.  A lawyer that has the knowledge of the protocol police officers must follow and what information must be disclosed is invaluable.  The Law Office of David Knutsen will do everything to ensure that your constitutional rights are fully protected.

The Law Offices of David Knutsen represent clients in a broad range of criminal matters. These include various post-conviction issues that can arise after a criminal proceeding. We offer representation in matters such as probation violation hearings, expungement (record sealing) and return of property.