California Drug Possession
California is a zero-tolerance state when it comes to drug offenses. If you are arrested for drug possession, possession with intent to sell, or even possession of drug paraphernalia, the skilled drug defense attorneys at Hoffman & Associates can help. Our firm has over 30 years of daily courtroom experience and knows how to fight for your rights in a drug possession case.
California Health and Safety Code Sections 11350 and 11357 make it unlawful for any person to be in the possession of controlled substances. Controlled substances included are those listed under the California Health and Safety Code Sections 11054 and 11055, and include the following:
- Opiates and Opiate Derivatives
- Hallucinogenic Substances
The above list is not all-inclusive. Many other drugs are considered controlled substances, and possession of them is a serious crime.Prosecution of Drug Possession
The prosecution will try to build a case against you using the Totality of Circumstances method. For example, if a person is found with a bag of heroin in their pants pocket and they are alone, the prosecution may use these facts to show that drugs were found, and the drugs were theirs because the person was alone. They will present the facts and circumstances of the case in order to prove that you were in possession of drugs.
Because the prosecution is based solely on facts, a knowledgeable Los Angeles DUI and Criminal Defense Attorney can also use facts to present a powerful defense that weakens the prosecution’s case. Our lawyers have successfully represented hundreds of clients facing drug possession charges. We understand how to attack the credibility of witnesses and evidence being used against you.California Drug Crime Penalties
A drug possession case may be prosecuted as a misdemeanor or a felony. Possession of very few controlled substances is classified as a misdemeanor. The possession of most controlled substances is considered to be a felony. Depending on the severity of the drug charge (the drug possessed, the amount possessed) the following penalties may apply:
- Mandatory drug and alcohol counseling
- Community service
It is important to note that when a drug possession charge occurs simultaneously with other charges, the potential consequence may be more serious. For example, if a person is stopped on suspicion of driving under the influence, and drugs are also found in their possession, the punishment can be more severe. In this instance, the person may be charged with two different violations and the case becomes a lot more complicated.
The knowledgeable and experienced drug defense attorneys at Hoffman & Associates have dealt with similar cases for many years. They can discuss what defenses you may have so that your charges are reduced or dismissed.
With drug possession charges, the opportunity to complete a Drug Diversion program is always a possibility. A drug diversion program allows a person to complete education and rehabilitation classes. Once these classes are completed to the court’s satisfaction, the drug possession case will be dismissed.
To learn more about our drug possession defense strategies and how our lawyers will fight to protect your rights, contact the California law firm of Hoffman & Associates.
We are happy to schedule a phone or office consultation. Our offices are located in Los Angeles (323) 655-3900 and San Diego (760) 942-0069, however we represent clients in courts throughout California.