Lancaster Drug Possession Lawyer

Aggressive Defense for Drug Possession Charges

Drug possession is a serious crime in California. If you are convicted, you could face jail time, fines, and other penalties. A conviction will also leave you with a criminal record, which can make it difficult to find a job, secure housing, or obtain a loan.

At the Law Office of Jesse P. Duran, we understand the stakes in drug possession cases. We are committed to providing the aggressive legal representation you need to fight the charges against you. Our Lancaster drug possession attorney will work tirelessly to protect your rights and your future.

If you have been charged with drug possession, call (661) 903-8056or contact us onlinefor a free consultation.

What Is Drug Possession?

Drug possession is a crime in California. It is illegal to possess certain controlled substances, including illegal drugs and prescription medications that you do not have a prescription for. You can also be charged with drug possession if you have drug paraphernalia in your possession.

Under California Health and Safety Code Section 11350, it is illegal to possess the following controlled substances:

• Cocaine
• Heroin
• Codeine
• Hydrocodone
• Oxycodone
• PCP
• Psilocybin (mushrooms)
• Gamma-hydroxybutyric acid (GHB)
• Ecstasy
• Methamphetamine

It is also illegal to possess certain prescription medications without a prescription. These include Vicodin, OxyContin, and Xanax.

Under California Health and Safety Code Section 11364, it is illegal to possess drug paraphernalia. This includes:

• Needles
• Pipes
• Water bongs
• Roach clips
• Chillums
• Carburetion devices
• Chamber pipes
• Electric pipes
• Air-driven pipes
• Chillums
• Bongs
• Ice pipes
• Miniature cocaine spoons
• Chamber pipes
• Carburetor pipes
• Electric pipes
• Air-driven pipes
• Chillums
• Bongs
• Ice pipes
• Miniature cocaine spoons

Drug paraphernalia charges are typically misdemeanors. However, if you have a prior drug conviction, you could be charged with a felony.

What Are the Penalties for Drug Possession in California?

In California, penalties for drug possession vary depending on the type and quantity of the controlled substance, as well as any prior criminal record. Possession of a controlled substance is typically charged as a misdemeanor, but certain factors can elevate it to a felony offense.

• For misdemeanor drug possession, penalties may include probation, fines, participation in drug education or treatment programs, and potential short-term imprisonment.
• Felony drug possession, which often involves large quantities of controlled substances or prior convictions, can lead to more severe consequences, including longer prison sentences and higher fines.

California has implemented Proposition 47, which reduced certain non-violent drug possession offenses from felonies to misdemeanors. This has led to a shift towards rehabilitation and treatment rather than solely punitive measures for some drug offenses.

Additionally, individuals facing drug possession charges may have the opportunity to enter drug court programs, providing alternatives to traditional sentencing by focusing on rehabilitation and addressing the underlying issues contributing to drug-related offenses.

Navigating the legal complexities of drug possession charges in California requires the expertise of a knowledgeable attorney. A skilled legal professional can assess the specifics of the case, explore potential defenses, and work towards minimizing the penalties associated with drug possession charges.

Defenses for Drug Possession

Defending against drug possession charges requires a strategic approach that considers the specific circumstances of the case. Several common defenses may be employed by individuals facing such charges:

1. Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement conducted an unlawful search without a warrant or probable cause, evidence obtained during that search may be deemed inadmissible.

2. Lack of Possession: To convict someone of drug possession, the prosecution must prove that the accused had actual or constructive possession of the drugs. If it can be shown that the defendant did not have knowledge or control over the drugs, this may serve as a viable defense.

3. Illegal Traffic Stop: If the initial traffic stop leading to the drug discovery was conducted without proper legal justification, evidence obtained during the stop may be challenged as unlawfully obtained.

4. Medical Necessity: In some cases, individuals may possess controlled substances for medical reasons, especially if they have a valid prescription. Demonstrating a legitimate medical necessity can be a defense against drug possession charges.

5. Crime Lab Analysis Challenges: The accuracy of crime lab analyses is crucial in drug possession cases. Challenging the reliability of the lab results or questioning the chain of custody for the evidence may be effective defenses.

Navigating the legal landscape of drug possession charges requires the expertise of a skilled defense attorney. They can assess the circumstances surrounding the arrest, identify potential constitutional violations, and formulate a defense strategy tailored to the unique aspects of the case.

If you have been charged with drug possession, call (661) 903-8056or contact us onlinefor a free consultation.