How to Beat Drug Possession Charges in California?
It's stressful being charged with drug possession in California, but the possession of drugs charges doesn't automatically equal a guilty verdict. Based on the specifics of your charge, a California drug possession attorney may argue against the police's evidence, may argue whether the search was legal, whether you possessed the drugs knowingly or seek one of California's affirmative defenses. In those circumstances, a California jury instruction is available to allow for a valid defense regarding prescriptions or authorized possession of the drug.
What Are Drug Possession Charges in California?
There is a difference in California law between drug possession, and more aggravated drug offenses, like possession with intent to sell or transporting narcotics. The California Criminal Jury Instructions by the Judicial Council of California explicitly contain instructions for simple possession of various narcotics and controlled substances under Health & Safety Code 11350 and 11377. The possible outcome will very much depend on which controlled substance is at issue, the factual setting of the alleged possession, any prior criminal record, and which specific offense has been charged by the prosecution.
How Can You Fight a Drug Possession Charge?
No one strategy is applicable to every situation. In the case of a drug possession charge, the defenses available to your drug possession defense attorney may include one or more of the following defenses.
1. Challenge an Unlawful Search or Seizure
During the search for your home and family: If your search your find marijuana in the police possession, an attorney of yours investigate if the law officer had a legitimate warrant to complete the search
2. Dispute Knowledge or Possession
The prosecution will need to prove every essential element of the crime. It doesn’t mean that a simple case of having drugs near you will immediately decide every problem with possession.
3. Question the Evidence
Your defense lawyer would be able to review police reports, lab findings, photos of, body-camera footage, witness interviews, chain of custody procedures. Errors with any identification, testing, handling or recording may create reasonable doubt.
4. Consider a Prescription or Authorized-Possession Defense
California jury instructions permit use of the prescription defense with respect to some possessory charges. Where evidence warrants giving weight to the assertion of lawful possession under prescription, the defense has significance. Authorized possession is also recognized in California.
5. Challenge Whether the Substance Was a Controlled Drug
However, the prosecution has the burden of proving that the substance is what the law refers to. As such, laboratory analysis of the substance and evidence relating to the identification of the substance may be a significant issue.
Can Drug Possession Charges Be Reduced or Dismissed?
Options to lessen consequences of a drug case: In some instances, certain drug possession cases may allow you to qualify for a reduction. In California, under Proposition 47, drug possession cases previously classified as felonies now often classified as misdemeanors. The determining factors are the specific offense, your record history, and the facts of the case, so your attorney can assess whether a reduction, dismissal, diversion or alternative is in reach for you.
What About Marijuana Possession?
Under California law, marijuana is unique. As voters passed proposition 64 in 2016, some adult (21+) possession, sales, cultivation, distribution, and furnishing of marijuana for personal use was decriminalized. Although with this legalization adults may not hold an amount over specific quantities or act beyond these exceptions.
What Should You Do After a Drug Possession Arrest?
If you have been arrested or charged:
Avoid discussing the facts of your case with police without legal advice.
Do not post details about the case on social media.
Preserve documents, court paperwork, and other evidence.
Follow all court orders and appearance requirements.
Give your attorney an accurate account of what happened.
How a Drug Possession Lawyer in Van Nuys Can Help?
For cases in Van Nuys or Los Angeles County, having a lawyer that is familiar with local criminal proceedings can make a vast difference in understanding your rights and the processes involved. Van Nuys drug possession attorneys are skilled at examining the specifics of your arrest, assessing the prosecution's evidence, searching for unconstitutional searches and seizures, and constructing the appropriate defense.
The effects of any Van Nuys crime are not isolated to criminal penalties but also affect job opportunities, career options, and potential for future law-related cases, and seeking legal help at the earliest possible time will make crucial decisions more manageable.
Frequently Asked Questions
Can drug possession charges be dismissed in California?
It might be possible to get the case dismissed, all depending on factors such as: - evidence; - legal issues; - viable defenses; - alternate solutions.
What is the best defense for drug possession?
However it will depend upon the specific facts of the case you had, but in most cases it comes down to an unlawful search, possession or knowledge, issues with the evidence, a legitimate prescription or authority for it to be in your possession.
Is simple drug possession a felony in California?
A possession of stolen goods charge in California is typically a misdemeanor however there can be exceptions and variations.
Contact a California Drug Possession Defense Lawyer
Possession charges are not the end of your story. The best defense for you will depend on the evidence in your case, the facts surrounding the arrest, and the particulars of the specific law. Don’t risk a conviction-If you are charged with possession of a controlled substance in California, you need to discuss your case and defensible position with a seasoned Van Nuys drug possession attorney.
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