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Law Office of David P. Shapiro
3500 5th Avenue 304
San Diego, CA 92103
619-295-3555
https://www.davidpshapirolaw.com/

Transcript:
Drug cases can be beat here in San Diego we deal with a lot of drug cases right the proximity to the Border substance abuse issues on the rise the combination of mental health and everything that goes with it but these are cases with the right effective strategy with the right fact pattern and equally if not more importantly with the right attorney by your side can get beat and there is a lot of Hope no matter how much drugs you were found with whether we're dealing with methamphetamine whether we're dealing with Heroin Co can or even Fentanyl in this video we're going to explore many things we're going to explore how in fact you could beat a drug case we're going to talk about the differences between simple possession as a misdemeanor and possession for sale or Transportation as a non-reducible felony we're also going to talk about things you could do to keep certain pieces of evidence out that the prosecutor cannot use it against you we're also going to talk about how a case can be filed in different jurisdictions state court federal court what that looks like how the case is filed who's filing it where is it filed how it could all have an impact on your case and finally we're going to talk about some implications collateral consequences stuff like immigration consequences generally professional licenses and how all these things need to be taken into consideration when discussing a potential resolution and we're also going to discuss the ways to work out a favorable resolution if going to trial if litigating it through motions to suppress evidence is not necessarily in your best interest meaning we're going to talk about mitigation specifically as it relates to drug cases first thing we really need to assess is how to beat a drug case drug cases can to be filed this simple possession almost exclusively will be a misdemeanor probably won't involve a whole lot of jail time if jail time at all or if it's filed as possession for sale or transportation in state or federal court you are likely facing a significant jail sentence if you're convicted so the first step is trying to differentiate between where is the line between possession and possession for sale well a lot of that will depend on what actual drug we're dealing with the value of that drug the amount of drugs you've alleged to have possessed and also what other indicators there are that that may have been something possessed for more than your personal use so we'll explore the situation where you may have you know a decent amount of drugs on you but without any indicate of sales what that means in English is you're not having you know pay and O sheets you're not bagging it up you're not having stuff on your cell phone that talks about bad evidence about buying drugs about selling drugs about redistributing drugs all of those things may wind up just being a simple possession case if you don't have those other pieces of evidence and even if you do there are ways to beat those cases you could be found with a significant amount of drugs in your car but there's something known as a motion to suppress evidence basically what you're alleging is that how the cops got into possession of that evidence was through something done illegally say for an example you get pulled over and the cops want to get in your car well they need a couple of things in order to search your car they need consent or they need a warrant now there are a lot of exceptions to the warrant requirements in addition to consent but let them figure that out so if you don't give consent for them to search your car they may need a warrant or they may need to make this Plain View argument and all these types of things but if you give the cops consent to search your car whatever they find is fair game you may not have in all likelihood a viable defense but let's say you do you could be successful in keeping out certain pieces of evidence so even if you keep out maybe the search of your cell phone maybe that was done improperly now what that means is the the prosecutor can no longer use that evidence against you you've effectively weakened their case and you make it more likely that you have a good opportunity to actually beat these charges no matter how much drugs we're dealing with no matter where the drugs were found no matter what type of drug was actually found now moving on it's important really to assess the difference between a simple possession and possession for sale and what that looks like from a penalty perspective a simple possession is almost exclusively going to be -Truncated-