Oakland Airport Drug Charges Lawyer
If you have been arrested or detained on drug charges at an airport, you could be in for a stressful experience. Airport law enforcement personnel are federal officers with significant power to combat terrorism and drug trafficking. You need aggressive legal representation right away.
If you are detained for possessing illegal drugs while traveling, call an Oakland airport drug charges lawyer as soon as possible. An airport drug arrest potentially could lead to serious consequences, but it does not necessarily have to be that way. Working with a capable criminal defense lawyer from the time of your detention could preserve your rights and address many of your concerns.
Is Weed Allowed on Airplanes in California?
Recreational and medical use of marijuana is decriminalized in the state of California, and so sometimes travelers believe they may bring a supply with them when they travel into or within the state. That is a mistake. Federal law still criminalizes possession of marijuana, and airports are under federal jurisdiction.
In some cases, confiscation is the worst consequence of flying with small amounts of marijuana for personal use in the state. However, an arrest is possible if the possessor is not of legal age or is traveling with larger amounts than allowed by California law. Possession of more than an ounce of marijuana flower is a misdemeanor and could lead to time in the county jail. Exceeding the allowed quantity or potency of concentrated cannabis is also a misdemeanor.
A criminal lawyer in Oakland might be able to arrange a diversion program rather than jail for someone facing airport drug charges. Successfully completing a diversion program results in dismissal of the charges and no criminal record. Possession of significant quantities might lead to felony charges of transporting for sale, which could result in significant jail time upon conviction or in some cases, lead to federal prosecution.
Penalties for Controlled Substance Possession in Oakland Airports
Traveling with cocaine in any form, heroin, methamphetamine, hallucinogens, prescription medication without a valid prescription, or any other controlled substances, could result in arrest. If the quantity is small, the charge is usually a state level misdemeanor and treatment through a diversion program might be possible. On the other hand, transportation of large quantities of controlled substances can indicate drug trafficking and can lead to state level felony drug charges or even federal drug charges.
California Health and Safety Code §11352 bans transporting controlled substances. A prosecutor must establish only that the defendant directed the movement of the drugs. This is a felony charge that carries a prison term of up to five years.
Other possible charges include transporting drugs for sale or trafficking.
Prosecutors can rely on circumstantial evidence to prove intent to sell or traffic, including:
- The way the material is packaged
- The presence of scales or baggies in the traveler’s luggage
- Possession of large quantities of cash
- Cell phone records that indicate efforts to market or distribute the drugs
The ultimate punishment for a drug offense depends on the final outcome of the case. It is critical to have the help of a criminal defense lawyer who can raise challenges to the prosecution’s case, negotiate on your behalf, seek dismissal or a mitigated outcome, or even take your case to trial if need be. Drug charges can result in long term consequences especially for those who have immigration concerns. Controlled substance offenses are deportable crimes so it is very important to work with an Oakland drug charges lawyer who considers the case at hand and the collateral and direct consequences that can result from a conviction.
Work With a Capable Oakland Lawyer to Combat Airport Drug Charges
There is no doubt that drug charges should be handled by an experienced and competent drug charges lawyer. If you were arrested or detained at an airport because of suspected drug possession then making a call to a lawyer should be the first step to seeking help.
An Oakland airport drug charges lawyer could step up and advocate on your behalf. If you have been arrested and detained at an airport, protect yourself by calling for legal representation immediately.