With a solid track record of defending drug transportation cases for the past 26 years, both at the state and federal levels, I bring a wealth of experience and expertise to the table. Some of the most effective defenses often revolve around road travel. The crime of drug transportation in California is defined under Health and Safety Code 11352.
In other words, typically, what I see happening in these significant transportation cases is that the prosecutors or the investigating agents — the police, the FBI, DEA, ICE, Secret Homeland Security, Secret Service.
They get their information from wiretaps between people who talk to each other. They've got a warrant to obtain a wiretap for listening to conversations, and then they find out that certain drugs are being transported to and from a specific 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 attack the wiretap possibly, and if they didn't have probable cause to get the wiretap, you're going to want to argue that they were going to stop the person no matter what.
Even if they make up some false story about the person having tinted windows, no registration, 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. If the stop is illegal, anything they find during the stop cannot be used against the person in the case of transportation of drugs, which obviously would end the case.
So, you often see 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 found was the fruit of the illegal stop. I argue that I have always had a lot of success.
But of course, the agents/police are wary and suspicious of that type of argument, so they will lie and manipulate the facts to try to maintain and substantiate the arrest. So, you have to have your facts in order. I sit down with my client and get all the details.
Miranda Rights Violation
Another defense in the 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 asked you direct questions about them, you could make a Miranda argument to try to block the statement from coming in.
Strategize a Plan for Best Outcome
There are several other defenses related to drug transportation, all of which we will thoroughly explore. However, these strategies depend on the specific facts and circumstances of your case. What role do you play in it? Are you on the phone? Are you the one caught with the drugs? Are you the one the drugs are going to?
Once we get that information, we plan to file motions and present legal arguments to have the case dismissed before it gets to a jury, based on the strengths of our defense.
When you're talking about jury trials in drug transportation, you're going to have to have the facts on your side 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 for a long time. Pick up the phone. Ask to have a meeting with Ron Hedding.
Rest assured, your privacy and comfort are our top priorities. I'll sit down in the privacy of my office and meet with you, or I can even talk to you over the phone. I'll give you an idea of what I can do to help you, and we'll take it from there, always ensuring your needs and concerns are addressed.
