He is Charged with Possession of Drugs in San Diego
If you are facing a drug charge, a San Diego drug possession defense attorney can help and represent you in court.
Being arrested and convicted of a drug crime carries serious consequences for a person. Especially possession is punishable by severe penalties depending on the amount and type of substance.
With over 20 years of combined experience as criminal defense attorneys we have successfully acted in hundreds of drug possession, use and sale cases in San Diego and other cities.
Drug possession defense with the best attorneys in San Diego, California
Being arrested on drug possession charges for the first time can be devastating for a person. Possession of drugs and other controlled substances is punishable in California.
The Code of Health and Safety California 11350 , expressly prohibits a person is in possession of prohibited substances. Their possession is further regulated by the federal Controlled Substances Act.
With the exception of people who have a valid medical prescription for their possession. Some of the drugs and other controlled substances in the United States are:
- Heroin.
- Cocaine.
- Ecstasy.
- Peyote.
- Opium.
- LSD.
- Gamma-hydroxybutyric acid.
- Methamphetamine
- Ketamine.
- Marijuana and other hallucinogenic drugs.
- Illegal possession of prescription drugs.
Possible defenses to drug possession charges
Some of the legal arguments a San Diego criminal defense attorney uses to defend a defendant for drug possession include:
- Possess a valid medical prescription for the drug . The person is prescribed the prohibited substance for personal medical treatment.
- The police made the arrest illegally. The regular procedure for making the arrest was not followed. The police arrested the person without taking into account that there was no actual or constructive possession of the drug.
- Temporary possession of the prohibited substance. For example, the father who takes them away from his son to destroy them and avoid their consumption. If the person tries to destroy them prior to being arrested, this argument will no longer be valid.
- Ignorance of the drug. It may be that the person did not know that the drugs were in their area of influence or among their belongings. For this defense, the person must have a clean criminal record on drugs.
- The drug was found through an illegal procedure. The search and seizure was carried out illegally on a property without a valid court order.
- Other cases may be for illegal use of force or for illegal reasons . For example, racial discrimination. The attorney could file a request for the judge to suppress the evidence based on the illegality of the evidence.
Drug Possession Tests
1. Control over the seized drug. The prosecutor must prove that the person was in possession of the drug in one of these ways:
- Joint Possession. It is when the drug is in the possession of two or more people. For example, sharing a controlled substance syringe, pipe, or cigarette.
- Constructive Possession. Drug found in a shared area or a site over which you exercise control. For example, a vehicle, a shared room, or a personal locker. Although it was not found in the person’s pockets, it was in a space over which he exercises control.
- Royal possession. The drug or controlled substance was found in the person’s clothing, purse, or body before being arrested.
However, having access to the drug or being close to the site where it was found does not constitute sufficient evidence. Not even being with a person who was in possession of the controlled substance. The prosecutor must prove that you had knowledge of the drug to prove joint, constructive or actual possession.
2. The person knew of the existence of the drug. The prosecution must prove that you had knowledge of the presence of the drug if you do not have to be acquitted.
3. The defendant knew it was a controlled substance. Ignorance about the nature of the drug can lead to acquittal. A person could have given you the drug in pills that you felt were not prohibited.
4. Sufficient amount of drug. For a drug conviction it must be proven that the substance found is sufficient to be used. It is not enough to find traces or residues of drugs since they would not produce narcotic effects.
Benefits of hiring a drug attorney
The benefits of hiring a criminal defense attorney in San Diego. Among other things, because he deeply knows the law and how the California court system works.
Knowing how to use each available legal resource for the benefit of the client is crucial in a successful defense strategy.
Our drug possession defense attorney will seek to have the charges against you dismissed.
We fight together with the client to safeguard their constitutional rights and prevent them from going to prison. This requires aggressive and competent lawyers who know how to do their job and defend the client.
It is not enough to arrest a person on drug possession charges to prosecute them for this crime. During a trial, the Prosecutor’s Office must prove possession and ownership of the drug found.