Drug Possession

Orange County Drug Possession Attorney

Drug Possession Attorney in Orange County

Have you allegedly been caught with some drugs or even legal prescription medication in Santa Ana, Huntington Beach, Fullerton, Irvine, Newport Beach, Westminster or Costa Mesa, and now you're being charged with possession of a controlled substance? Our Orange County drug crimes attorney experts at Law Offices of Michael L. Guisti will help you through the process and work to get your charges reduced or dismissed.

Our legal experts will go over what potential charges you're facing and explain several legal defense options.

Understanding the Charge of Possession of a Controlled Substance

California Health and Safety Code (HSC) 11350 prohibits possessing specific "controlled substances," such a common street drugs, and prohibits possessing legal drugs without a valid prescription.

According to our promenade Orange County criminal lawyer, in order to prove you "possessed" a controlled substance, the Orange County District Attorney must prove two things, first that you knew of the drug's presence, and second, you knew of its nature as a controlled substance.

Possession

Possession as defined by HSC 11350 is complex as it can refer to "actual" possession, "constructive" possession or "joint" possession.

"Actual" possession means just that, the drug was found on your person.

"Constructive" possession means police didn't find drugs on you, but were found in a place you have control over, like your house.

"Joint" possession means you and one or more people share "constructive" possession of the drugs, such as your wife keeps drugs in the bedroom under the bed and even though you don't "do" drugs nor sell them, knowing they're under the bed and being complacent about can result in a "joint" possession charge.

Defending the Charge

While it may seem that since police found drugs on you or your property you have no case, however our Orange County drug possession attorney want you to understand that you have a variety of legal arguments against this charge.

You Had a Valid Prescription

Simply put, as you had a prescription the controlled substance, and were not in possession of more pills than the prescription allows or "Doctor shopped," you cannot be convicted under HSC 11350.

There Was Little Quantity of the Drug for Use

According to one Irvine drug crimes attorney you must possess enough of the said drug so it can be used as a controlled substance. So if there is only residue of drugs you shouldn't be conviction for possession.

You Didn't Know You Had Illegal Drugs in Your Possession

As one Santa Ana drug crimes attorney points out, they're many cases where the person arrested had no idea they were in possession of drugs. They're cases where maybe an ex-lover wants to set you up, so knowing you when you're not going to be home he/she plants drugs then calls the authorities. Other times a friend or acquaintance may ask you to hold on to something where drugs are concealed, then by unfortunate luck police catch you.

As long as you have no priors and you appeared to be honestly clueless about what you were possessing, it's likely you won't be convicted.

Was the Search and Seizure Illegal?

Search and seizure laws in California are very strict and any slight rule that is violated can result in your entire case against you being thrown out of court, according to an expert Fullerton criminal attorney who has studied police procedure in California.

For example, police cannot just pull you over if they have a "gut feeling." The United States Supreme Court has made clear police must have a concrete reason for stopping you. Furthermore if any drugs were obtained during a search without a warrant that evidence must be thrown out.

What is the Punishment?

Your case could be charged either as a felony or misdemeanor depending on the types of drugs found along with the facts of the case and your criminal history. It's best to consult with an Orange County drug defense attorney to figure out what you may be charged with.

Misdemeanor

If convicted of misdemeanor possession you face up to one year in a county jail and a maximum $1,000 fine.

Felony

If convicted of felony possession probation and up to a year in Orange County jail, or between one-to-three years in a California State Prison.

Alternative Sentencing

With various programs under Proposition 36 and Penal Code 1000 if you've committed a non-violent possession you could serve your time in a drug treatment program and avoid jail time. The best thing is if you successfully complete the program your charges are dropped.

Get Help Now!

You may think you can "talk" to the judge and explain yourself and situation, and the judge will have a sympathetic ear. The reality is most judges will just see you as another criminal who broke the law, which is why you need a lawyer to talk for you.

You need to call the Law Offices of Michael L. Guisti right away, because not only will our legal experts go over and explain the complexities of this charge, but our legal experts have over a decade of successfully defending clients against all drug charges in the courts of Orange, Riverside, San Bernardino, Los Angeles and San Diego Counties.

So call the Law Offices of Michael L. Guisti right away at 888-478-8999.