If an individual possesses an illegal narcotic or other controlled substance with the intent to use, sell, distribute, or manufacture it, he or she can be charged with the crime of drug possession. The law does allow you to hold drugs in your possession if the drugs are not yours, you have informed police of the drugs, and they have instructed you to hold onto the drugs until you can surrender them to the proper authorities.
What Drugs Are Illegal To Possess In The State Of California?
Cocaine, methamphetamines, heroin, opiates, opiate derivates, illegally obtained prescriptions, marijuana not specifically for medicinal use, and PCP are some of the major drugs that are illegal in the state of California.
What Happens If You Are Caught Driving Under The Influence Of Drugs?
Your driver’s license could be suspended, and you could face fines, prison time, and other penalties. If you get into an accident while under the influence of drugs, and that accident causes injuries, you could be charged with a felony in the state of California.
What Defenses Can Be Used Against Drug Possession Charges?
- Your attorney may question whether or not the arresting officer had probable cause to search your person or your vehicle.
- Your attorney can investigate the arrest procedure, with technical violations of police procedure leading to dismissal of charges.
- Your attorney can question whether the search and seizure was Constitutional.
- Your attorney could argue the point that the drugs weren’t actually in your possession at the time of arrest, and thus that the charges are invalid.
Is My California Drug Crime A Felony Or A Misdemeanor?
In California, drug possession for personal use can be charged as a felony or a misdemeanor, depending on factors such as the amount of drugs on your person, the type of drug in your possession (e.g. possession of marijuana is a much lesser offense than possession of PCP), whether or not you had intent to sell the drugs, and also whether you had engaged in other drug-related crimes prior to or during the arrest..
Contact David A. Stein
A drug possession charge does not have to turn your life upside down. With sound help from a dedicated, professional Irvine attorney from the law offices of David Stein, you can fight the charges and a plan an efficient strategy for restoring your good name. Contact the firm today at 949) 445-0040 or email us to schedule a free consultation.