San Diego Drug Possession Lawyer
San Diego Drug Possession Attorney
Drug possession is the offense of owning and using small amounts of a controlled substance. It is also illegal to possess certain drug paraphernalia. Possession is one of the lesser drug offenses in California, but it can still have negative effects on your future if you are convicted. You can face fines, jail time, probation, and a criminal record. If you are arrested for drug possession, you should invoke your right to a San Diego drug possession lawyer quickly.
Drug offenses are harshly prosecuted in California, and having a large amount of specific substances can result in more severe penalties, such as possession with intent to distribute. The sooner you hire a criminal defense attorney, the more effectively you can defend your rights against being overcharged and begin creating a strong defense to mitigate or eliminate the offenses you face.
Choose Lee Law Group to Defend You
At Lee Law Group, our team is dedicated to providing our clients with a legal defense that provides them with the most beneficial outcome available. If you have been arrested or charged with drug crimes, our team can work to limit the impact the charges have on your life. With more than 20 years of combined experience, our attorneys have worked on many criminal defense cases in San Diego, CA.
Facing drug charges can be intimidating, whether it’s your first offense or you have prior convictions. Our legal team can provide the support you need and stand up for your rights.
Drug Possession in San Diego, CA
California possession makes it illegal to possess any controlled substance if you do not have a valid prescription. Drug possession regulations include California Health and Safety Codes 11350 and 11357. Section 11357 covers cannabis specifically, while Section 11350 covers many other types of controlled substances.
The main two charges for drug possession are simple drug possession and drug possession for sale. The difference is the amount of drugs and whether it is presumed that they are for personal use or sale. These offenses have different penalties.
Although some types of simple possession are charged as misdemeanors, they can also be charged as felonies. Possessing small amounts of marijuana is decriminalized in California, but having more than this amount can still result in an infraction or a criminal charge.
Drug Possession for Sale
You may be charged with this offense if you possessed drugs and intended to sell them. In order to prove your guilt, prosecutors may present evidence of a large amount of drugs found or materials needed for sale.
Drug Transportation
Drug transportation charges are often more serious than possession charges. You could be charged with this offense if you’re found moving controlled substances with the intent to sell or importing them into the state.
Drug Possession Penalties
If you are convicted of drug possession, you may face several criminal penalties, as well as collateral consequences from a criminal record. The specific penalties you face vary based on your prior criminal record, the type of controlled substance, and whether you’re charged with drug possession for sale. They may include:
- Jail or prison time
- Fines
- Probation
- Community service hours
- Court-approved drug or alcohol counseling
An attorney can help you determine the specific penalties that may apply to your case and what can be done to avoid or lessen them.
Possible Defenses Against Possession Charges
There are various potential defenses that are commonly used against drug possession. These include:
- Lack of Knowledge: An essential element of a possession charge is that you knew you had the drugs in your possession and had control over them. If you did not know the substance was on your person, this may be an effective defense.
- Unlawful Search and Seizure: Law enforcement must have probable cause, a warrant, or consent to search certain locations. An illegal search and seizure is a violation of your rights and can result in evidence gathered during the search being inadmissible. This could result in the case being dropped due to lack of evidence.
- Other Constitutional Rights Violations: This may include entrapment or not being read your Miranda Rights.
- Valid Prescription: If you have a valid prescription to legally possess the drug, this is an effective defense.
FAQs:
How Do You Beat a Possession Charge in California?
Beating a possession charge in California requires a strong legal defense from a knowledgeable defense attorney. They may assert that your rights were violated, that you were unaware of possessing the drugs, or that you had a prescription to use them. The prosecution has the burden of proof to prove your guilt beyond a reasonable doubt. Therefore, your lawyer’s strategy will involve tactics intended to introduce a reasonable doubt in the minds of the jury.
What Are the Penalties for First-Offense Possession of a Controlled Substance in California?
The penalties for first-offense possession of a controlled substance in California may vary based on the type of substance, but a simple first-possession offense typically results in up to one year in jail, although a jail sentence may be waived for probation. Probation may include fines of up to $1,000 and required community service hours.
How Much Time Do You Get for Drug Possession, in California?
The amount of jail or prison time you get for drug possession in California varies based on the type of controlled substance, the amount that is present, and whether you have a prior record of drug possession charges. If it is your second offense, the penalties may include jail time for between 16 months and three years. Additionally, the judge may also assess a fine of up to $70 on top of fines incurred for a first offense. For probation for a second offense, fines may be as high as $2,000.
What Are the Three Types of Possession in California?
There are three types of drug possession in California:
- Actual Possession: This occurs when the substance is physically on your person, in your clothing, or in an item you are holding.
- Constructive Possession: This occurs when the controlled substance is not within your immediate person but is still within your control. This can happen if it is in your house, your vehicle, a locker, or if you are having someone else hold it for you.
- Joint Possession: This often occurs when two parties have constructive possession over a substance, but it can also occur if both parties have actual possession.
Drug Possession Attorneys, in San Diego
The quality of your legal representation can significantly affect the outcome of a drug possession case. It is important that you find an attorney with the legal experience and ability to represent you. At Lee Law Group, we can investigate your charges, determine if your constitutional rights were respected, and craft a strong defense. Contact our firm today to see how we can help you.
