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ToggleDrug 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.
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.
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.
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 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.
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:
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.
There are various potential defenses that are commonly used against drug possession. These include:
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.
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.
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.
There are three types of drug possession in California:
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.
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