Defense for drug possession – Lawyer
For cases of defense for possession of drugs or any other criminal matter, the law office of Lluis Law, can represent from the beginning of the criminal investigation until the end in the reopening and cancellation of a motive or conviction. More than 50 years of professional practice and hundreds of resolved cases, are the best guarantee of our responsible and professional work.
In the state of California the law discriminates in two major categories drug possession offenses. Simple possession and possession for sale. In the same way, the California Health and Safety Code classifies crimes linked to controlled substances such as narcotics (called dangerous drugs restricted by state laws) and separates them from the crimes of possession and sale of marijuana. Like crimes related to other drugs such as methamphetamine and phencyclidine (PCP).
If you have been arrested and charged for possession of drugs, you will surely face serious penalties, but the judicial process for these crimes could not be easy for the prosecutor and the police, because they must prove that the detainee used them for a purpose other than personal or medicinal consumption. At this time, it is when you need a good expert drug lawyer to help you build a solid defense.
When a person receives a federal or state drug conviction, many job and professional doors could be closed. A student, for example, would be disqualified from receiving financial aid or a worker to be hired in certain types of employment. Everything will depend on the circumstances in which the conviction occurred and the type of crime of which is accused.
Possession for sale
When you are detained for possession of a drug in California, depending on the amount, the type of narcotic, and the purpose of the possession, the prosecutor could only accuse you of simple possession. However, you could also be accused of “possession for sale”; that is, to buy drugs for the purpose of sale, when it is considered that the purpose was drug trafficking.
Since 2014, sanctions for drug possession in California have changed after the passage of the Communities and Schools Act, better known as Proposition 47. This controversial law establishes that certain crimes considered non-serious or violent such as drug possession, forgery, theft, Theft of property and must be prosecuted and punished as misdemeanors.
According to Proposition 47, those who purge a state prison for the crime of possession of drugs can file a petition with the court to be sentenced again.
This new law made many drug possession offenses punishable as a misdemeanor only. It allowed those who served time in a state prison on drug possession charges to file a petition with the court for reestablishing a sentence.
However, for a non-citizen immigrant (legal resident or asylee / refugee) the possession of drugs could have very negative consequences for their legal status. Because they could be deported along with their families, even when the sentence has happened years ago. For example, certain convictions prohibit immigrants from processing a family petition.
When the prosecutor imputes charges for possession for sale, the situation is more complicated for the immigrant and also for American citizens. Generally, charges for possession of drugs for sale are raised when:
• The person is arrested with a large amount of drugs.
• The drug is packed in small separate portions.
• A lot of cash is seized from small denominations.
• The defendant’s house is frequently visited by many people who stay very little time.
However, all these aspects or situations must be proven and associated with the case. Sometimes, the police arrest innocent people and accuse them of possession and trafficking of drugs, when in fact they were for their personal use or they belonged to someone else. Faced with a dramatic situation like this, you need a criminal lawyer specialized in possession of drugs with experience in criminal defense.
If the person is accused of possession of drugs for personal use or for the purpose of sale, a criminal lawyer can always seek an appropriate defense for defendants who declare themselves innocent and seek legal help.
Search and undue seizure
All police procedures must conform to the rules and respect the rights of persons enshrined in the Constitution of the United States. The Fourth Amendment guarantees that all people have the right to due process. Therefore, the entire search and seizure procedure for drugs must be legal.
When drugs are discovered with the naked eye inside the glove compartment of a vehicle, the police and prosecutors will use this finding as evidence. However, when controlled substances or drugs are discovered in the trunk of a car after being forcibly opened with a lever, it is not enough to assume that the drugs belong to the owner of the vehicle. That has to be proven in a trial.
If the defendant’s defense attorney finds that its client’s rights were violated, according to the fourth amendment, the drugs may not serve as evidence so the judge would have to dismiss the charges. A criminal lawyer in an arrest or conviction for drug possession is essential to safeguard the rights of the accused.
Possession of drugs paraphernalia
The law not only punishes those who possess a certain amount of drugs but also those who are discovered instruments, utensils, articles and precursors, used for the processing, consumption and production of controlled substances. For example, an opium pipe, hypodermic needles, syringes, cocaine spoons. Those people can be charged with a misdemeanor.
The sentences can be up to six months in prison in a county jail. However, they are usually eligible to participate in a diversion program in accordance with Proposition 36. Lawyers can establish a defense for the nullification of charges based on an illegal search and seizure practiced by the police.
Penalties for marijuana offenses
While recreational marijuana has been in legal use in California since 2018 there are certain regulations regarding its use and possession. It can be consumed by adults over 21 years of age, who are allowed only one ounce possession. On the other hand, the cultivation, sale and transportation of this drug are still serious crimes.
Whoever is found guilty of any of these crimes usually faces jail terms of several years in a state prison. A good criminal lawyer with experience in drugs is the best person to help you if you are arrested or prosecuted and want to protect your rights and eventually obtain freedom.
For more information, to clarify doubts, or a free consultation with a Criminal Defense lawyer about the charges that you or a loved one faces, call (213) 687 -4412 or visit the Law Offices of Ramiro J. Lluis, 205 South Broadway, Suite 1000, Los Angeles, California 90012.