Possession of a Controlled Substance in Los Angeles and Southern California
If you or a loved one has been arrested for possession of a controlled substance, you should immediately contact Los Angeles Drug Possession attorney at The H Law Group to defend you and fight for you in court. If you’re arrested for possession of drugs, such as cocaine, heroin, or meth, opiates, peyote, LSD, hallucinogens, and other pain killer prescriptions, you can, in some circumstances, be charged with a felony. Our criminal defense attorneys have the experience to achieve the best outcome for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
Possession of a Controlled Substance Attorney Los Angeles & Southern California
Although the California legislature has reduced many possession crimes into misdemeanors, the punishment for a possession conviction is still severe; as such, if you’re arrested for possession of a controlled substance, you should immediately call a possession of a controlled substance lawyer at The H Law Group. Our attorneys have represented countless clients who’ve been charged with possession. Our possession lawyers will do their best to ensure the best possible outcome for you.
In California, the most frequently charged possession crime is California Health and Safety Code Section 11350 HSC. For the prosecution to convict an individual of possession under this section, the prosecution need only show that the defendant possessed an extremely small amount of drugs.
Proving the Crime of Possessing a Controlled Substance
For the prosecution to prove that you’re guilty of possessing a controlled substance, it must prove the following elements:
- The defendant unlawfully had in his possession a controlled substance
- The defendant knew he possessed the substance
- The defendant knew that the substance he possessed was a controlled substance, and
- The controlled substance was sufficient to be usable
To prove you guilty of possessing a controlled substance, the prosecution must show that you actually “possessed” a controlled substance. Under California law, possession can be actual possession or constructive possession. Actual possession means that you had control over the controlled substance, such as having them in your pocket, boxers, or backpack. Constructive possession, on the other hand, refers to a type of possession where you have access or control over the drugs even though you do not have them on your person. Examples of constructive possession are having drugs in the drawer of your desk, car’s glove compartment, underneath your seat, or somewhere among your personal belongings.
Knowledge of Possession
The prosecution must show that the defendant knew that he possessed unlawful drugs, as well as knowledge of the fact that they are indeed unlawful. As such, one of the defenses that your Los Angeles criminal defense attorney will make is that you did not know that you were in possession of drugs or that you did not know that the drugs you had were unlawful.
To prove that you possessed a controlled substance, the prosecution must show that the substance you possessed is a controlled substance. Controlled substances include:
- Anabolic Steroids
For the prosecution to prove and convict you of drug possession, it must show that you were in possession of a usable amount of drugs, meaning that an officer found an amount that you can use or consume, it must be something more than just the residue of drugs. If, for example, an officer finds drug paraphernalia that you used to smoke meth and has traces of meth, the prosecution will not be able to convict you of drug possession if the amount left is not usable.
Penalties for Drug Possession in Los Angeles and Southern California
Usually, the prosecution brings misdemeanor charges against those who are arrested for drug possession (possession of a controlled substance). Being convicted of drug possession carries a maximum jail sentence of up to one (1) year in jail, as well as a $1,000 fine. That said, if you were previously convicted of drug possession charges, the prosecution might bring felony possession of a controlled substance charge. Also, if you’re being charged with drug possession while you’re currently on parole, your probation may be revoked as most probation terms include a term prohibiting engaging in unlawful activity.
That said, even though drug possession charges are usually brought as misdemeanor charges, you may be charged with a felony if you were in possession of a controlled substance with intent to sell. Often, whether a misdemeanor or felony charges are brought depends on the quantity of drugs you’re found in possession of. The more drugs you have, the more likely the prosecution is going to bring felony possession with intent to sell charges. If you’ve been arrested for drug possession, please contact Southern California criminal defense attorney at The H Law Group to represent you and fight your drug possession charges.
Drug Possession Diversion Program
First-time offenders may be able to have the criminal charges against them completely dropped by completing a drug diversion program. To have the charges dropped, an individual must complete a drug treatment and education program. Once the individual has completed the program, the drug possession charges against him will be dropped. For an individual to be eligible for the drug diversion program, the drug possession crime must not have involved violence. The program requires an individual to remain out of trouble while completing the program, and the program usually lasts anywhere from twelve (12) to eighteen (18) months. Upon completion of the program, the charges are dismissed, and the individual’s record remains clean.
Juvenile Drug Possession Charges
If your underage son or daughter is caught in possession of drugs, you should immediately contact The H Law Group. Our juvenile drug possession defense attorney is here to help you and your child fight the criminal drug possession charges.
Legal Defenses to Drug Possession Charges
Your Los Angeles drug possession attorney at The H Law Group can use many legal defenses to have the possession charges against you dropped or reduced. The first argument that your attorney may be able to make is to challenge whether the officer had probable cause (pc) to stop the individual charged with drug possession. Also, your attorney may be able to challenge the search and/or seize to see if the defendant’s constitutional rights were violated. If any of the defendant’s rights were violated, your drug possession lawyer might argue that the evidence gathered against you should be suppressed (not used against you).
Also, depending on the specific facts of your case, your attorney may be able to argue that you did not know that you were in possession of drugs or if you already admitted to possession, your attorney may be able to argue that you did not know that the drugs were an illegal substance. Ultimately, to know which defense applies to your case, you should contact the drug possession attorney at H Law Group. Our attorneys are experienced and will fight for you throughout the legal process.
Southern California and Los Angeles Drug Possession Attorney
If you or a loved one has been charged with drug possession, please contact the best drug possession lawyer in Los Angeles at The H Law Group. Our drug possession attorney is experienced and will fight for you in court to achieve the best possible outcome. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.