If you or a loved one has been charged with a crime in California contact us for a free consultation at (619) 577-0868. You can also visit us online to see more information on your case and how we can help defend your rights
https://www.sandiegocriminallawyerrt.com/
RJT Criminal Lawyer
2820 Camino Del Rio South Ste 110
San Diego, CA 92108
(619) 577-0868
https://www.sandiegocriminallawyerrt.com/
Chapters:
Intro: 00:00
How Mexico plays a role: 00:20
Case example: 00:57
State vs Federal case: 02:31
Transcription:
hi I'm Brandon Naidu I'm a drug crimes lawyer here in San Diego California what I want to talk to you about today is drug crimes that result in the death of another person it's no secret that fentanyl is all over the news San Diego has been severely impacted by the fentanyl trade due to our close proximity to the Mexican border which is where most of the illegal fentanyl is pouring over the San Ysidro border is the busiest land Crossing I believe in the world at this point and so we are combating a lot of Fentanyl and a lot of death cases so you can imagine that the prosecution both at the state and federal level is taking this extremely seriously and they are being very aggressive in how they prosecute cases not just involving fentanyl but any narcotic that is distributed by a dealer that is resulting in the overdose death of their client or purchaser we recently had a case that in involved a couple who was addicted to fentanyl who ran out of money essentially and went to their dealer and said listen we're going through withdrawals we need it we need more fentanyl but we don't have the means to pay and so as is typical their dealer coerced them into making a delivery to another drug user in exchange for them getting their fix of fentanyl well what happened was the person they delivered that fentanyl to used it overdosed and died and what happened was all three individuals the couple which were our clients and the drug dealer were all charged under the felony murder rule for causing the death of of another person by distribution of drugs however the felony murder rule which has been around and we can talk about this at length in another video but it essentially says that if you are an active participant in an inherently dangerous felony that can result in somebody's death and somebody in fact does die you can be charged with murder now that has been severely limited recently by this U.S Supreme Court California Supreme Court and other appellate divisions however that has not stopped prosecutors from getting creative in how they will charge you if they can link you to the Sailor distribution of a drug that resulted in somebody's death what ends up typically happening is someone is charged at the state level the prosecutors the District Attorney's office will spend a lot of time building up the case and once that case is built up it is not uncommon for the federal government and federal prosecutors to swoop in at the last minute and take the case into federal land removing it from the state court and dismissing those charges where now even the non-dealer is facing the federal mandatory minimum sentencing guidelines of 20 years to potentially a life sentence in prison simply for passing One Drug from a dealer to another person who then subsequently died these are very serious cases they are being aggressively prosecuted here in San Diego so if you or a loved one that you know has been charged with distribution of a narcotic resulting in the death of another person it's very important that you give us a call so that we can discuss all of your options and put forward a defense strategy that will result in the best possible results for our clients so give us a call 619-577-0868
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