Updated on March 1st, 2024
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Looking for a San Diego drug possession attorney?
You need an experienced San Diego drug possession attorney because possession of controlled substance offenses can be complicated and the penalties can be severe.
If you or someone you know has been charged with a possession crime, call today to speak directly to a possession law firm.
A San Diego Criminal Defense Pros can help connect you with a criminal defense lawyer.
With the right narcotics possession attorney on your side, you may avoid prison terms.
San Diego Drug Possession Lawyers, Laws, and More
San Diego drug possession crimes account for the majority of the violations charged under the state Health and Safety Code.
San Diego drug possession crimes are generally charged under California Health and Safety code section 11350 and/or California Health and Safety Code section 11377.
There are four basic elements to a possession crime:
1. Exercised control over, or the right to control, the drug in question;
2. had knowledge of its presence;
3. had knowledge of its nature as a controlled substance;
4. the substance was in an amount sufficient to be used as a controlled substance.
Actual and Constructive Possession of Drugs
A San Diego drug possession may be actual or constructive.
Actual Possession
Actual possession occurs when the Defendant carries the drug in his or her possession.
Constructive Possession
Constructive possession occurs when Defendant has control or the right to control the drug even if it is not in his or her possession; when the drug is somewhere that is immediately accessible to Defendant and under his or her control, or when the drug is in the physical possession of the Defendant’s agent and the Defendant maintains the right to control over it.
However, the fact that Defendant was in close proximity to the drug, or had access to the place where the drug was stored, is not sufficient to show that he had possession.
Though, close proximity to the drug, along with other incriminating evidence is enough to sustain a conviction.
However, a San Diego drug possession attorney can help deter your conviction with various defense strategies.
San Diego Controlled Substances Possession Penalties Under California Law
San Diego drug possession for personal use crimes can be either “wobblers” (felonies or misdemeanors) or straight felonies, depending on
the drug involved.
Possession of methamphetamine is a “wobbler” and can be sentenced as a misdemeanor (one year in county jail maximum) or as a felony carrying up to three years in state prison.
Possession of cocaine, cocaine base or crack, and heroin for personal use are straight felonies and carry a maximum sentence of up to three years in state prison.
Penalties for marijuana offenses are listed separately on our marijuana offense page. Despite the potential for lengthy state prison sentences in possession cases, there are many alternatives such as Penal Code 1000 Diversion or Prop 36 Sentencing.
Hire the right drug possession lawyer who might help you avoid harsh penalties.
Possible Defense Strategies By a San Diego Drug Possession Lawyer
4th Amendment Violations
One of the first things to determine when an individual in San Diego County is charged with a possession offense is how the police came into contact with the Defendant.
Possession cases almost always involve 4th amendment search and seizure issues.
The questions that can arise in these cases may include, but are not
limited to:
(1) What was the basis for the initial police contact with the defendant?; (2) Was the detention prolonged?; (3) Did lawful detention become an unlawful arrest?; (4) Was the arrest lawful?; and (5) Was the search lawful?
If, based on the facts, the 4th amendment is implicated the Defendant, through his or her San Diego drug possession lawyer, may file a motion to suppress the evidence. If the motion is granted, the case would be dismissed.
Contact a San Diego Drug Possession Attorney For Free Consultation
Call us now to speak to a law firm about an aggressive representation from a San Diego drug possession attorney.