Transportation for sale of a controlled substance is a serious criminal offense that carries severe penalties, including lengthy prison sentences and substantial fines. If you or your loved one has been charged with this criminal offense, it is important to seek the guidance of an experienced defense lawyer to help defend you.
In this article, we will discuss the legal definition of transportation for sale of a controlled substance, the penalties associated with this crime, and the possible defenses that may be available to you. If, after reading this article, you will still have more questions about this criminal offense, we invite you to contact us at Chula Vista Criminal Attorney for a free consultation.
What is Transportation for Sale of a Controlled Substance?
The criminal offense of transportation for sale of a controlled substance is defined under California Health and Safety Code 11352. This offense occurs when an individual transports, imports, sells, furnishes, administers, or gives away a controlled substance to sell or deliver to another person.
Controlled substances are illegal drugs. Some examples of controlled substances include cocaine, heroin, and methamphetamine, as well as prescription drugs like opioids and benzodiazepines.
Elements that the Prosecutor Must Prove for you to be Convicted
In California criminal cases, the burden of proof is on the prosecutor. The prosecutor has to prove certain elements for the court to convict you of transportation for sale of a controlled substance. These elements include the following:
- You transported or intended to transport a controlled substance.
- You knew or were aware of the presence of the controlled substance.
- You knew or were aware of the nature of the controlled substance.
- You had a specific intent to sell or deliver the controlled substance to someone else.
- The controlled substance was in a usable amount.
The prosecutor must prove each of these elements to the standard of beyond reasonable doubt. Here, the term ‘beyond reasonable doubt’ means that the evidence presented by the prosecutor must be so strong that there is no reasonable uncertainty about the defendant’s guilt.
The evidence must be compelling enough to convince the judge or jury that it is highly probable that the defendant committed the crime they have been accused of and that no other logical explanation can account for it. You will be acquitted if the prosecutor fails to prove any of these elements to the standard of beyond reasonable doubt.
Below, we discuss each of these elements briefly:
You Transported or Intended to Transport a Controlled Substance
The prosecutor must prove that you transported or intended to transport the controlled substance. This element is important because it establishes that you took action to further your intent of selling or delivering the drug.
You can transport a controlled substance using various means. The prosecutor can illustrate this element by showing that you moved the drug from one location to another, possessed the drug in a way that suggests an intent to sell it, or arranged for someone else to transport it. For example, if you were caught with a large amount of drugs in your car, this could be considered evidence of transportation for sale, even if you had not yet sold or delivered the drugs.
Note that this element can still be satisfied even if the drugs were not found in your person. For instance, if you arranged for someone else to transport drugs on your behalf, this could still constitute transportation for sale of a controlled substance.
You Knew or Were Aware of the Presence of the Controlled Substance
The prosecutor must prove that you knew or were aware of the presence of the controlled substance. This element is important because it establishes that you knew of the drug’s presence and intentionally transported or intended to transport it.
To prove this element, the prosecutor will provide evidence showing you knew or were aware of the presence of the controlled substance. This can be established through various means, such as witness testimony, video or audio recordings, or physical evidence, such as drug paraphernalia found in the defendant’s possession or vehicle.
For example, if the police found drugs in your car, the prosecution could argue that you were aware of the drugs in the vehicle, even if you did not admit to knowing about them. Alternatively, if you were caught mailing a package containing drugs, the prosecution could argue you knew the drugs were in the package because you packed it by yourself or were aware of its contents.
In some cases, the defendant may argue that they were unaware of the presence of the controlled substance, which can be a valid defense. However, this defense is difficult to prove and requires the defendant to demonstrate that they lacked knowledge of the drug’s presence.
You Knew or Were Aware of the Nature of the Controlled Substance
The prosecutor must prove that you knew or were aware of the nature of the controlled substance. This element is important because it establishes that the defendant knew what controlled substance they were transporting and that they intentionally transported or intended to transport that specific substance.
To prove this element, the prosecutor must provide evidence showing you knew or were aware of the specific type of controlled substance you were transporting. This can be established through various means, such as testimony from witnesses who saw the defendant with the drug, analysis of the drug itself, or admissions made by the defendant.
For example, if the defendant was caught with a bag of white powder, the prosecution must prove that the defendant knew or was aware that the substance was cocaine and not some other white powder such as flour or sugar. Also, if the defendant was caught with a prescription drug, the prosecution must prove that the defendant knew or was aware that the drug was a controlled substance and that they did not have a valid prescription for it.
Sometimes, the defendant may argue that they did not know the nature of the controlled substance they were transporting. However, this defense is often difficult to prove and requires the defendant to demonstrate that they lacked knowledge of the substance’s identity.
You Had a Specific Intent to Sell or Deliver the Controlled Substance to Someone Else
The prosecutor must prove that you intended to sell or deliver the controlled substance to someone else. This element is important because it establishes that the defendant had a specific intent to engage in the illegal activity of selling or delivering the controlled substance.
To prove this element, the prosecutor must provide evidence showing you had a specific intent to sell or deliver the controlled substance to someone else. This can be established through various means, such as testimony from witnesses who saw the defendant selling or delivering the drugs, the defendant’s possession of drug paraphernalia commonly used in drug sales or delivery, or the defendant’s admission of their intent to sell or deliver the drugs.
For example, suppose the police find drugs in a defendant’s possession, but there is no evidence of drug paraphernalia or admissions or evidence showing intent to sell or deliver. In that case, the prosecution may have difficulty proving this element. However, if the defendant is caught with a large quantity of drugs, scales, or other paraphernalia commonly used in drug sales, this can be used as evidence to show the defendant’s intent to sell or deliver the drugs.
In some cases, the defendant may argue that they did not have the intent to sell or deliver the controlled substance, but rather intended to use the drugs for personal consumption. However, this defense is difficult to prove and requires the defendant to demonstrate that they did not intend to sell or deliver the drugs.
The Controlled Substance was in a Usable Amount
The prosecutor must prove that the controlled substance was in a usable amount. This element is important because it establishes that the amount of the controlled substance transported was not for personal use but rather for sale or delivery.
To prove this element, the prosecution must show that the quantity of the controlled substance was sufficient to be sold or delivered. The amount required for a usable quantity can vary depending on the drug and its potency. Still, a generally usable amount is an amount that is greater than what would be considered reasonable for personal use.
For example, suppose a defendant is caught with a small amount of cocaine. In that case, the prosecution may have difficulty proving this element because it may not be enough to establish that it was intended for sale or delivery. However, if the defendant is caught with a large amount of cocaine, such as several ounces or pounds, this can be used to show that the defendant intended to sell or deliver the drugs.
The defendant may argue that the quantity of the controlled substance was for personal use only. However, this defense is often difficult to prove and requires the defendant to demonstrate that the amount was reasonable for personal use.
What are the Penalties for Transportation for Sale of a Controlled Substance?
The California Law Enforcement Department takes the criminal offense of transportation for sale of a controlled substance quite seriously. The penalties for this crime can be severe. The potential penalties for transportation for sale of a controlled substance depend on several factors, including the type and quantity of the controlled substance and the defendant’s prior criminal record.
Transportation for sale of a controlled substance is categorized as a felony. Its potential penalties include:
- Imprisonment — The defendant can face imprisonment for two, three, or four years. However, if the defendant transported the controlled substance across two or more county lines, the penalty can be increased to three, six, or nine years.
- Fines — The defendant can be fined up to $20,000.
- Probation — The defendant can be sentenced to probation instead of imprisonment. The terms and conditions of the probation can include mandatory drug testing and community service.
- Asset forfeiture — The government can seize any assets used in connection with the transportation of the controlled substance, such as vehicles, money, or other property.
- Other consequences — A conviction for transportation for sale of a controlled substance can have other serious consequences, such as loss of employment and professional licenses.
Note that the penalties for transportation for sale of a controlled substance can be enhanced if the defendant has prior drug convictions or if the crime occurred in certain areas, such as near schools or parks. Additionally, certain controlled substances, such as methamphetamine, can carry more severe penalties than other drugs.
If you have been charged with transportation for sale of a controlled substance, it is important to consult with an experienced criminal defense attorney. An attorney can review your case, investigate the facts, and develop a strategy to help you achieve the best possible outcome.
What are the Legal Defenses to Transportation for Sale of a Controlled Substance?
There are several possible legal defenses to the criminal offense of transportation for sale of a controlled substance. Some of the most common defenses include:
- Lack of knowledge.
- Lack of intent.
- Illegal search and seizure.
These are just a few of the possible defenses to transportation for sale of a controlled substance. An experienced criminal defense attorney can review the facts of the case and develop a defense strategy tailored to the specific circumstances of the case.
Below, we discuss each of these defenses briefly:
Lack of Knowledge
Remember, to be convicted of transportation for sale of a controlled substance, the prosecutor must prove beyond a reasonable doubt that you knew you were transporting a controlled substance. Therefore, if you can show that you lacked knowledge of the controlled substance, you may be able to avoid a conviction.
This defense may be particularly effective in cases where the defendant was not aware of the contents of a package or container that they were asked to transport. For example, if the defendant was given a bag to carry by someone else and was not aware that the bag contained drugs, they may be able to successfully argue for lack of knowledge as a defense.
However, this defense is not always easy to prove. The prosecution may argue that the defendant should have known or suspected that they were transporting drugs, based on the circumstances of the case. For example, if the defendant was paid a large sum of money to transport a package, the prosecution may argue that it is unlikely that the defendant did not suspect that the package contained drugs.
To successfully assert a lack of knowledge defense, the defendant must present evidence that they did not know they were transporting drugs. This evidence may include witness testimony, surveillance footage, or other documentation that shows that the defendant did not know the contents of the package or container.
If the defendant is successful in asserting a lack of knowledge defense, the prosecution will not be able to prove an essential element of the crime, and the defendant may be acquitted. However, it is important to note that the lack of knowledge defense is highly fact-specific, and the success of this defense will depend on the specific circumstances of each case.
Lack of Intent
Remember that to be convicted of transportation for sale of a controlled substance, the prosecutor must prove that the defendant intended to sell or deliver the controlled substance. If the defendant can show that they did not have the intent to sell or deliver the substance, they may be acquitted.
This defense is particularly effective in cases where the defendant was transporting the substance for personal use. For instance, if the defendant was transporting a small amount of drugs for personal use, they may argue that they did not have the intent to sell or deliver the substance.
Intent can be difficult to prove. The prosecution will likely try to prove intent by using circumstantial evidence, such as the amount of drugs found, how the drugs were packaged, or the presence of other drug paraphernalia. On the other hand, the defense may argue that the circumstantial evidence is not enough to prove intent, and the defendant may have had other reasons for transporting the drugs.
In some cases, lack of intent may also be argued if the defendant was coerced or forced to transport the drugs. For example, if the defendant was threatened with harm to themselves or their family if they did not transport the drugs, they may argue that they did not intend to sell or deliver the drugs and were only transporting them under duress.
If the defendant can successfully assert a lack of intent defense, the prosecution will not be able to prove an essential element of the crime, and the defendant may be acquitted. Note that this defense can be difficult to prove, and its success will depend on the specific circumstances of each case. The defense will need to present strong evidence to support their argument that the defendant did not have the intent to sell or deliver the controlled substance.
Illegal Search and Seizure
This defense is based on the Fourth Amendment of the U.S. Constitution, which protects individuals from unreasonable searches and seizures by law enforcement. To search a person, their property, or their vehicle, law enforcement must have a valid search warrant or a legal exception to the warrant requirement.
If law enforcement conducts an illegal search and seizure and discovers drugs during the search, any evidence obtained as a result of that search may be excluded from evidence at trial. This means that if the prosecution cannot use the evidence obtained during the illegal search, they may not have enough evidence to prove the case against the defendant.
There are many ways that a search and seizure can be illegal. For example, if law enforcement conducts a search without a warrant or without a valid exception to the warrant requirement, the search may be considered illegal. Additionally, if law enforcement exceeds the scope of a valid search warrant, such as by searching areas that are not listed on the warrant, the search may also be considered illegal.
To assert an unlawful search and seizure defense, the defense attorney may file a motion to suppress the evidence obtained during the illegal search. If the motion is granted, the evidence may be excluded from trial, which can significantly weaken the prosecution’s case.
Note that the unlawful search and seizure defense may not always be successful. The prosecution may argue that the search was conducted with a valid warrant or a valid exception to the warrant requirement. They may also argue that the evidence obtained during the search was not crucial to their case and that they have other evidence to prove the defendant’s guilt.
Therefore, it is important to consult with an experienced criminal defense attorney who can evaluate the circumstances of the case and determine whether an unlawful search and seizure defense may be effective. If the defense attorney believes that an unlawful search and seizure occurred, they may be able to challenge the evidence obtained during the search and potentially have the charges dismissed or reduced.
Find a Chula Vista Drug Crimes Attorney Near Me
Transportation for sale of a controlled substance is a serious criminal offense that carries severe penalties. A conviction of this offense can result in significant fines, lengthy prison sentences, and a criminal record that can impact your future opportunities.
It is crucial to seek the representation of a skilled and experienced criminal defense attorney if you are facing charges for transportation for sale of a controlled substance. An attorney can help protect your rights, defend against the charges, and work towards the best possible outcome for your case.
Do not hesitate to reach out to us at Chula Vista Criminal Attorney if you are facing criminal charges related to transportation for sale of a controlled substance. We are here to help you. Call us today at 619-877-6894 for a free consultation.