Have you been accused of drug possession? If you have already been arrested or are currently investigation for any type of drug crime, including the possession of marijuana or any illegal narcotic or prescription drug, the attorneys at Maas and Russo may be able to help. We represent clients throughout Solano County in the face of drug possession charges, arrests and criminal investigations. Your initial consultation with our attorneys are free and strictly confidential.
Why Call Our Drug Possession Lawyers?
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Drug possession may be defined as the possession of an illegal street drug or the possession of a prescription drug without a valid prescription. Although most often the least serious of all drug crimes, drug possession may escalate to a serious offense if the defendant is suspected of possession with the intent to distribute or sell.
To find someone guilty of drug possession in California, the prosecution must prove the following elements beyond a reasonable doubt:
The defendant had actual or constructive possession of a controlled substance: The prosecution must show that the defendant had control over the drug or the ability to exercise control over it, either by having it physically on their person or by having access to it in some other way.
The substance was possessed unlawfully: The prosecution must show that the defendant did not have a valid prescription for the drug or that they obtained the drug through illegal means, such as through trafficking or distribution.
The defendant knew that they possessed a controlled substance: The prosecution must demonstrate that the defendant knew that the substance they possessed was a controlled substance.
The substance in question is a controlled substance: The prosecution must prove that the substance in question is listed as a controlled substance under California law. This includes illegal drugs such as cocaine, heroin, and methamphetamine, as well as certain prescription medications.
The defendant can use the controlled substance: The prosecution must show that the controlled substance was in a usable amount.
If the prosecution can prove all of these elements beyond a reasonable doubt, then the defendant can be found guilty of drug possession in California. However, it's important to note that every case is unique, and the specific facts of each case will impact the strength of the prosecution's case and the defenses available to the defendant.
In California, most cases of simple drug possession (for personal use) is considered a misdemeanor, punishable by a maximum jail sentence of one year and/or a fine of up to $1,000. However, a defendant may be in danger of facing possession with intent charges if a large amount of drugs are found or if certain drug paraphernalia is discovered, such as measuring scales, baggies, large amounts of cash, client books or PDAs. The type of drug will also influence the severity of charges and penalties the defendant may face, as well as his or her prior drug crime record.
Defense for Drug Possession Charges in Solano County
Depending on your particular case, there may be much that our Solano County criminal defense attorneys can do to challenge your charges. For example, you may have been the victim of an illegal search and seizure based upon an invalid search warrant or a search that was conducted without probable cause. In these or similar situations, your lawyer may be able to file a motion to suppress evidence seized in this search. This may completely alter the outlook of your case and may offer you the opportunity at a positive case result.
Find out more about how we can help you challenge drug possession charges in Solano County. Contact the Solano County drug possession lawyers at (800) 483-0992 today.
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