Although some states, including California, have taken steps in recent years to reshape the criminal penalties for certain drug possession and drug use offenses and make the consequences less severe, it is still a crime to knowingly be in possession of a controlled substance without a valid prescription. If law enforcement officers in Los Angeles County arrest you for the illegal possession of a controlled substance, it’s natural to feel overwhelmed and uncertain about what happens next. Suddenly, your future and freedom are up in the air, and you wonder how this incident will affect your job, finances, and other crucial aspects of your life. Whether this is your first brush with the criminal justice system or you have dealt with previous charges, dismissals, or convictions, working with a highly qualified and experienced Los Angeles County criminal defense lawyer is essential to ensure that your rights remain protected and upheld at every turn. While you may not think that a misdemeanor charge is worth fighting, relying on a skilled Los Angeles County criminal defense attorney can help you fight the charge and maximize your chances of having the charge dismissed altogether. Being able to move forward without a possession of a controlled substance conviction on your record allows you to face the future with greater certainty and confidence. This post will explore how possession of a controlled substance charges typically unfold in Los Angeles County and the benefits of hiring a skilled and experienced criminal defense attorney to protect your best interests at every opportunity.
Possession of a Controlled Substance Charges in California
First, it’s important to understand how California defines the offense of possession of a controlled substance. California Health and Safety Code sec. 11350 makes the possession of a controlled substance, such as narcotics and legal prescription drugs without a valid prescription, a misdemeanor crime. Possession of a controlled substance is also referred to as simple possession or possession for personal use. For instance, a person could face a possession of a controlled substance charge for attending a concert with a small baggie of cocaine or LSD. Or, if law enforcement found an open bottle of Vicodin or opiates in your vehicle and you have no valid prescription for these controlled substances, you may be charged with possession of a controlled substance. Simply put, possession of a controlled substance charges apply to any situation in which a usable amount of illegal drugs or prescription medications (without a valid prescription) are found on your person or in your possession, and you were aware of their presence. Prosecutors must establish that you knowingly possessed a usable amount of a controlled substance without a valid prescription in order to secure a conviction.
Penalties For Possession of a Controlled Substance
If prosecutors prove that you knowingly possessed a usable amount of a controlled substance without a valid prescription, you will likely face misdemeanor penalties. A misdemeanor conviction in Los Angeles County is punishable by up to one year in jail (or summary probation), a fine of up to $1,000, or both. However, California offers alternatives to incarceration to certain qualifying defendants, provided they successfully participate in and complete a court-approved drug diversion program. Under California’s pretrial diversion program for simple possession drug offenses, defendants who successfully complete a drug diversion program can have their charges dismissed. Additionally, the offense will not appear on the defendant’s criminal record, allowing them to apply for jobs or housing without fear of having their criminal history interfere with their prospects. However, there are several eligibility requirements you must meet in order to qualify for this sentencing alternative, such as having no felony convictions within the preceding five years and having no evidence of violence or threatened violence as part of the simple possession charge. If you are interested in learning more about California’s pretrial diversion program, reach out to a highly qualified Los Angeles County lawyer for drug possession who will work with you to answer your questions, address your concerns, and identify the most strategic path forward.
Can a Possession of a Controlled Substance Charge be Dropped?
Many people want to know if there are ways to have a possession of a controlled substance charge dropped. Your first step should be to contact an experienced and knowledgeable Los Angeles County criminal defense lawyer who can assess the details of your case and identify the most appropriate and effective defensive strategy. Depending on the specifics of your situation, your attorney may be able to raise concerns about potential violations of your constitutional rights or the arresting officer’s lack of probable cause to place you under arrest in the first place. Below are just a few drug possession defenses your criminal defense lawyer may use to fight the charges (and, ideally, to have them dismissed altogether).
Challenging the Legality of the Search and Seizure
The Fourth Amendment to the U.S. Constitution clearly states that citizens have the right to be free from unreasonable searches and seizures by law enforcement officers. In other words, police officers cannot barge into your home and start searching through your belongings for no reason. If a law enforcement officer enters your home without your consent and a valid warrant to search the premises, anything they find cannot be used to charge you with a crime. Rummaging through your clothing and finding a small baggie of heroin or methamphetamine may be an example of an illegal search and seizure, which could mean that any evidence gathered in this manner must be excluded from your case—resulting in the reduction or dismissal of the drug possession charges.
Violations of Your Constitutional Rights
When a law enforcement officer makes an arrest, they must inform you of your legal rights upheld by the U.S. Constitution. For example, the officer must read all defendants their Miranda rights (i.e., the right to remain silent, the right to an attorney, etc.) at the time of the arrest. Additionally, police officers must notify the defendant of their right to have a lawyer present during any questioning. Failing to notify the defendant of their constitutional rights can result in the dismissal of the charge, as these violations make the evidence and process invalid. No matter what the specific circumstances of your case may be, reach out to a trusted and experienced Los Angeles County drug defense attorney as soon as possible to ensure your rights are upheld at every turn.
If you are facing possession of a controlled substance charges in Los Angeles County, you need reliable and effective criminal defense attorney services to keep your future as bright as possible. Call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a dedicated and experienced criminal defense lawyer.
