PossessionResults-Driven Strategies to Protect Your Rights
Drug Possession Defense
Lawyer in Fairfield
Trial-Tested Advocacy for Your Drug Crime Case: (888) 744-3057
In the state of California, it is illegal to be in possession of any type of controlled substance or prescription drug without a valid and current prescription. Depending on the amount and type of a drug found within a person’s possession, a drug possession charge in California can expose a defendant to a myriad of harsh consequences such as jail time, expensive fines, and mandatory drug abuse treatment. Drug arrests can also inflict serious damage to a person’s reputation and harm their future employment opportunities.
If you have been arrested for possession of a controlled substance, contact knowledgeable Fairfield drug crime attorneys at The Maher Law Group, APC. Having handled more than 100 jury trials and earned a selection on The National Trial Lawyers: Top 100 for our unmatched knowledge and skills, our team of trusted advocates are prepared to defend your freedom to the full extent of the law.
An Overview of California’s Drug Possession Laws
The charge of “possession of a controlled substance” refers to the act of illegally having drugs under your control. While this could be as obvious as having a bag of drugs in your pocket, you do not actually have to have drugs on your person in order to be charged with possession. Having a controlled substance in your home, car, or even on the sidewalk next to you could be enough reason for an officer to arrest you on possession charges. Drug possession is normally charged as a misdemeanor, but in certain instances can be enhanced to a felony.
It is illegal in California to possess any amount of the following types of drugs:
While certain low-level possession charges may bring relatively minor consequences, situations involving large amounts of illicit drugs can bring up to nine years in prison and $50,000 in fines. Penalties can also increase depending on if a defendant is also accused with intent to sell, if the possession took place in close proximity to a school, and whether the defendant has prior offenses on their record.
Penalties can include:
- Misdemeanor Conviction on your record
- Up to 1 year in jail
- Community service
- Fine of up to $1,000
Possession With Intent to Sell
Police or a prosecutor can choose to enhance a possession charge to possession with intent to sell depending on several criteria. If any one of the following are true then you could be charged this way:
- There was over a certain amount dictated by the statute. It can be different for different substances.
- You also possessed large amounts of cash in small bills.
- The substance was separated into small amounts.
- You also possessed small containers or bags that could be used for selling it.
- You were in possession of a scale or measuring device.
Penalties can include:
- Felony Conviction on your record
- Up to 4 years in prison
- Fine of up to $20,000
You Are Innocent Until Proven Guilty
Being charged with a crime can be a terrifying experience, especially if you have never had a run-in with the law before. At The Maher Law Group, APC, we understand that good people can sometimes find themselves in difficult situations and are prepared to do everything within our power to protect your rights during this time. Through possible arguments of unlawful search and seizure, lack of probable cause, or medical necessity, our Fairfield criminal defense lawyers can help you level the playing field against the prosecution’s claims.