January 12, 2024
In the event you or somebody has been charged with drug possession in California, it’s necessary to grasp the legal guidelines and potential defenses obtainable. On this doc, we are going to present an outline of drug possession protection beneath PC 11350.
Selecting Wallin & Klarich to characterize your case places you in a greater place to obtain one of the best final result to your case. Now we have over 40 years of expertise in Southern California. Name us at this time at (877) 4-NO-JAIL to your free session!
What’s Drug Possession?
In California, drug possession is outlined as a person having of their possession a managed substance with out a legitimate prescription. A ‘managed substance’ refers to any drug that’s regulated by the state.
California’s managed substances schedule consists of a variety of medication, together with:
- Cocaine
- Heroin
- Methamphetamine
- LSD
- Ecstasy
- Prescription opioids (reminiscent of OxyContin and Vicodin)
Being present in possession of any of those medication, in addition to every other managed substance listed within the schedule, may end up in a drug possession cost.
Possession just isn’t restricted to having the medication in your particular person, reminiscent of in your pocket or in your hand. In California, possession additionally consists of having medication in areas you management, reminiscent of your property, automotive, or perhaps a locker at your health club. Merely put, if the prosecution can show that you just exercised management, administration, or had the suitable to manage the drug, whether or not instantly or by means of one other particular person, it’s thought of possession.
What the Prosecution Should Show
With the intention to convict somebody of drug possession beneath PC 11350, the prosecution should show three key components past an affordable doubt:
- The defendant had management or possession of the managed substance
- The substance was, the truth is, a managed substance
- The defendant knew they had been possessing a managed substance
Doable Penalties
Drug possession expenses can carry extreme penalties in California. Beneath Well being and Security Code 11350, drug possession for private use is normally thought of a misdemeanor, which can lead to as much as a 12 months in county jail and a fantastic of as much as $1,000. Nevertheless, when you have prior convictions for critical felonies or sure drug offenses, you can be charged with a felony and withstand three years in jail.
Along with potential jail time and fines, a drug possession conviction can have critical collateral penalties. It could actually have an effect on your skill to safe employment, acquire housing, and should end result within the lack of sure skilled licenses. Furthermore, in case you are not a U.S. citizen, a drug possession conviction might have an effect on your immigration standing.
Keep in mind that California regulation additionally gives for different sentencing choices reminiscent of drug diversion applications, which can assist eligible defendants keep away from jail time and a felony file. These applications sometimes require participation in a drug training or remedy program. It’s essential to seek the advice of with a talented protection lawyer who can assist you discover all attainable choices and techniques in your case.
Doable Defenses
There are a number of potential defenses that an skilled protection lawyer can use to combat drug possession expenses in California. These could embody:
- Unlawful Search and Seizure: If regulation enforcement obtained the medication by means of an unlawful search or seizure, the proof could also be deemed inadmissible in courtroom.
- Lack of Information: If the defendant didn’t know they had been possessing a managed substance, they might have a viable protection.
- Legitimate Prescription: If the defendant had a legitimate prescription for the managed substance, they can’t be convicted of drug possession.
How a Protection Lawyer
A talented protection lawyer can assist you construct a powerful protection in opposition to drug possession expenses. They’ll totally examine the details of your case, overview the proof, and work to seek out weaknesses within the prosecution’s case. They will additionally negotiate with the prosecution for a diminished cost or sentence, or argue for different sentencing choices reminiscent of drug diversion applications.
At Wallin & Klarich, you’ll by no means be left questioning what’s going to occur subsequent along with your case. Our attorneys will enable you by means of every step of the method, and determine one of the best technique to your case, which can enable you get the absolute best final result. Our attorneys at Wallin & Klarich are right here that can assist you. We provide distinctive service, expertise, and reasonably priced cost choices that can assist you handle the price of hiring a protection lawyer. Name our workplace at this time for a free session!
Contact Wallin & Klarich As we speak
If you’re dealing with drug possession expenses, you want an aggressive protection lawyer to combat to your freedom. With 40+ years of expertise, our attorneys at Wallin & Klarich have helped 1000’s of shoppers win their circumstances or get their expenses diminished to a lesser diploma. We all know the simplest defenses to argue in your behalf, and we are going to do all the pieces in our energy that can assist you obtain the absolute best lead to your case.
You will not be conscious of all of your choices. Calling our workplace prices you nothing, however choosing up the cellphone may very well be the distinction between years in jail and years of freedom. Let our expert attorneys look at your case to seek out one of the best ways to keep away from jail.
Uncover how our staff can help you. Contact us at this time, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free session with a talented protection lawyer.