I've been defending transportation of drug cases for the last 26 years, both at the state and federal level. Some of the best defenses usually relate to traveling on the roads. The crime drug transportation in California is defined under Health and Safety Code 11352.
In other words, typically what I see happening in these big transportation cases, is that the prosecutors or the investigating agents — the police, the FBI, DEA, ICE, Secret Homeland Security, Secret Service.
They are getting their information from wiretaps between people who are talking to each other and they've got a warrant to get a wiretap for listening to conversations, and then they find out that certain drugs are being transported to and from a certain location and they pull the person over on the road. That's probably the first start of the defense.
Lack of Probable Cause for Wiretap
In addition, they're trying to possibly attack the wiretap and if they didn't have probable cause to get the wiretap, you're going to want to argue that they were going stop the person no matter what.
Even if they make up some false story about the person having tinted windows or no registration or weaving or some other issue.
Speeding is usually one that they make up because they've got information that the person may be carrying drugs.
So, what you're trying to do is attack the stop first. Because if the stop is illegal, then anything they find during the stop cannot be used against the person in a transportation of drugs case, which obviously would end the case.
So, a lot of times you're seeing people getting pulled over for bogus reasons and then the defense attorney is trying to claim and argue that the person was illegally stopped.
Therefore, anything that that found were the fruits of the illegal stop. I argue that all the time and have a lot of success.
But of course, the agents/police and wary and leery of that type of an argument, so they will lie and manipulate the facts in order to try to maintain and substantiate the arrest.
So, you really have to have your facts in order. What I do is sit down with my client and get all the details.
Miranda Rights Violation
Another defense in transportation of drugs relates to statements that people make. If you're in custody — the police have arrested you — and they start asking you questions, then they've got to read you your Miranda rights.
If they don't do that, we can then attack the statement that you might make that would incriminate you. For example, they found drugs in the back of a car.
Two people were back there and you made a statement that those were your drugs and not the other person.
If you were in custody and they didn't read you your Miranda rights and they're asking you direct questions about it — then you can make a Miranda argument to try to block the statement from coming in.
Strategize a Plan for Best Outcome
There are a number of other defenses related to drug transportation, but of course they depend on the facts and circumstances of the case. What role do you play in it, are you on the phone, are the one caught with the drugs, are you the one the drugs are going to.
Once we get that information then we sit down and strategize a plan to try to get the case thrown out before it even gets to a jury.
When you're talking about jury trials in drug transportation, obviously you're going to have to have the facts on your side in order to mount a solid argument that you are not guilty of the charge of transporting drugs.
So, if you need help, you've come to the right place. I've been doing this a long time. Pick up the phone. Ask to have a meeting with Ron Hedding.
I'll sit down in the privacy of my office and meet with you or I can even talk to you over the phone and I'll give you an idea of what I can do to help you and we'll play it from there.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0979.