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Drugs and Gun enhancements

Posted by Martens & Brusseau | Oct 15, 2012 | 0 Comments

Previously we discussed the serious consequences of possession, sales and transportation of Methamphetamine. As harsh as these drug charges are, the California Penal Code provides even harsher sentences if certain circumstances are met. Under the California Penal Code section 12022(c), an additional three, four or five years are required to run consecutively if an individual is found guilty of sales or transportation of Methamphetamine while being personally armed with a firearm. Thus, if a officer performs a traffic stop, finds a usable amount of Methamphetamine and a firearm in the car, you can be facing up to 9 years. You could be booked for transportation of methamphetamine which carries a max term 4, years, enhanced by the possession of a firearm which caries a max of 5 years. These gun enhancements are not to be taken lightly as they can more than double any drug offense.

This is why having the right attorney can make a huge difference if meth and a firearm are found to be in your possession. Possession of a firearm means that you knew of it's presence and hand control over it. Depending on the circumstances, a competent attorney can use the fact that you weren't aware of the presence of the gun, or that the gun belonged to someone else such that you weren't able to exercise control over the gun. Any one of these defenses can get the gun enhancement dismissed or at least the sentence reduced. Further the right attorney can persuade the judge to dismiss the gun enhancement in the interest of justice pursuant to penal code section 12022(f). 12022(f) gives the court the power to strike the enhancements if the interest of justice would best be served.

Remember, whenever you are arrested, you have the right to remain silent and the right to an attorney. Exercise your rights and get an attorney who will fight for you.

About the Author

Martens & Brusseau

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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