AN EXPERIENCED DEFENSE LAWYER TO AGGRESSIVELY DEFEND CRIMINAL CHARGES FOR DRUGS LIKE POSSESSION FOR SALE, TRANSPORTATION, MANUFACTURE, AND CULTIVATION
A defense attorney with over 25 years of experience has defended every type of criminal charge for drugs, so he knows what to do to help you if you are facing criminal charges for drugs.
Criminal charges for drugs come in many varieties, ranging from simple possession and being under the influence of drugs, to possession for sale, manufacture of drugs, transportation of drugs, importation, and cultivation.
Note: The fact that a police officer may have discovered drugs in someone’s possession, car or home, or claims that the drugs were being transported or possessed for sale, does not mean that there is enough evidence for a conviction.
HOW THE DEFENSE LAWYER HELPS IF A CLIENT IS IN CUSTODY
Get out of Jail: If the client is in jail, there are several ways attorney Pflaum can help him or her get released before the first court date, or during the first court date at the arraignment.
Click on the blue word “released” for more information about how the defense lawyer can help get a client out of jail as soon as possible.
GENERAL DEFENSE STRATEGIES
How Was the Arrest Done: One of the first things to do when defending a drug crime is to determine whether the police had probable cause for a detention or a search of the person, automobile, or house where the drugs may have been found and, if not, whether the illegal evidence can be thrown out of court.
Search Warrant: If there was a search warrant involved, then the analysis should focus on the affidavit in support of the search warrant, and whether the scope of the search was appropriate.
Examine the Evidence: The attorney looks carefully at such important factors as where the drugs were supposedly found, the quantity of drugs, whether there was a scale, materials to package the drugs, a large amount of money, tape recordings of sales, undercover purchases, pay-and-owe sheets, sales records, lab analysis, and other factors.
SPECIFIC DEFENSE STRATEGIES
The best defense for a criminal charge having to do with drugs depends on the exact criminal charges, the circumstances surrounding the arrest, the contents of the police reports, witness statements, evidence to support the charges, the type and amount of drugs, lab reports, video recordings, search warrants, undercover agents, confidential informants and much more.
The experienced defense attorney sits down with his client and reviews all the facts of the case, and gets to know everything about his client.
Once the defense attorney has all the information about the case, he can determine the right strategy to get the best results.
Common defenses are illegal detention, insufficiency of the evidence, unlawful interrogation, entrapment, no actual possession, lack of knowledge, and no criminal intent.
OTHER WAYS THE DEFENSE LAWYER HELPS HIS CLIENT IN COURT
Plea Bargaining: Most cases filed in criminal court are settled by way of a plea bargain. This is an agreement between the client, his criminal defense lawyer, the prosecutor and the judge to resolve the case in a fair way to the client.
After analyzing the case, reviewing the police reports, reading the witness statements, and collecting valuable information about the client, Mr. Pflaum finds the strengths of his client’s case, and the weaknesses of the prosecution case, in order to get a favorable plea bargain for his client.
A plea bargain should include a dismissal or reduction of the criminal charges and no time in prison or local custody. If the client accepts the plea bargain, the case proceeds to sentencing at a future date.
If the plea bargain is not acceptable to the client, the defense lawyer continues to defend the case in court.
Trial: For those cases that cannot be settled by way of a petition to dismiss the charges, or a plea bargain, or for clients who choose to go to trial, attorney Pflaum has extensive experience at preparing cases for jury trial, presenting excellent opening statements and closing arguments, and winning.
Attorney Pflaum aggressively defends accusations of drug crimes in Vista court, Downtown San Diego court, South Bay court and El Cajon court.
PROVEN RESULTS
Click results or testimonials to learn more about our success in defending drug crimes.
COMMON DRUG CHARGES
Possession of Methamphetamine, Health and Safety Code section 11377(a)
The unlawful possession of certain types of drugs, usually including methamphetamine (also known as “crystal”). This type of criminal accusation can be filed or charged as a felony or misdemeanor, and can sometimes be resolved by a referral to a drug diversion program, pursuant to Penal Code section 1000, Proposition 36, or Drug Court.
Possession of Heroin or Cocaine, Health and Safety Code section 11350
The unlawful possession of other specified drugs, such as heroin and cocaine, and certain types of prescription medicine like morphine and hydrocodone (Vicodin), if possessed without a prescription. These types of offenses are felonies, but can be addressed in many ways to reduce the charges or arrange to have them dismissed.
Use or Under the Influence of Controlled Substances, Health and Safety Code section 11550(a)
The willful use of a controlled substance or narcotic, or being under the influence or the effects of the drug, constitute a violation of this section. Usually the police will perform some tests on a person’s eyes, along with some other tests, and then demand a blood or urine sample for proof.
Possession of Controlled Substance for Sale, Health and Safety Code section 11378
The unlawful possession of drugs with intent to sell. In these types of cases, the prosecutor must prove that you were in the possession of drugs and that you had the intent to sell or you were in the process of selling them.
Transportation, Sale, or Distribution of Controlled Substance, Health and Safety Code section 11379
The unlawful possession for sell, transporting, or distributing drugs. In these cases the prosecutor must prove that you were in possession of drugs and had the intent or were in the process of transporting (even if it is a short distance), selling or giving away the drugs.
You have constitutional rights. Stand up for your rights. Choose the Right Defender to protect your rights.
Call The Law Office of David Pflaum for a consultation today
(760) 806-4333
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