If you are charged with possession of a controlled substance, you will need an experienced drug crimes lawyer in your corner immediately. We offer strong, confident and aggressive legal representation in the face of both minor and serious charges. Do not lose hope – get legal help.
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If you face possession of a controlled substance charges, remember that you are innocent until proven guilty and there are many ways our lawyers may be able to defend you against the accusations. Defense strategies employed by experienced drug defense lawyers may include an investigation of the search and seizure conducted by the police. We ensure our clients rights are upheld every step of the way.
We explore each case we take on and determine possible defenses. For example, we see many cases in which the investigation and arrest were out of compliance with the law. It is also possible in some cases to prove that the drugs found with or on someone did not belong to them. If the substance does belong to the individual, perhaps there are addiction issues that need to be addressed with treatment instead of time behind bars.
Possession of a controlled substance has many defenses, and our lawyers are experienced in dealing with all possible scenarios. So do not automatically give up if you are charged – fight back with vigorous, strategic defense.
As per the California Health & Safety Code 11350 HS, it is a punishable offense to possess certain controlled substances without a valid medical prescription. These include:
- Cocaine base
- Opiate derivatives
- Hydrocodone or vicodin
- Gamma-hydroxybutyric acid (GHB)
- Specific hallucinogenics and more.
To win conviction on possession of a controlled substance charges, the prosecutor has to prove a variety of things. This includes, but may not be limited to:
- That you illegally possessed the drug
- That you knew about the presence of the substance
- That you were aware of what the drug is and what it does
- That you knew that the substance was classified as a controlled one under the law in California
- That the amount you possessed was usable
- That you had physical custody over the drug and its use
Three types of possession of a controlled substance charges that might be leveled against you are: actual, constructive, and joint:
Actual possession means that you had immediate physical control over the drug and the police found it on you such as in a purse, pocket, briefcase, or even in a body cavity. While this type of case is difficult to defend, a good drug defense lawyer can turn the tables. This is why you shouldn’t waste any time in calling us to discuss the merits and demerits of your case.
Constructive possession of a controlled substance denotes that the drugs were not discovered on your person but in a place over which you have control such as your home or car or possibly even your office. You may have direct as well as indirect control through other persons in this case. However, this does not mean that you can be charged just because you happen to have access to the drug and are in close proximity to it at times.
Joint possession is an applicable charge when at least one person other than you and you share the constructive (in an apartment that you share with someone) or actual (using the drug together) possession of the drug. If you did not know that the drugs kept in a shared space was listed as controlled, or you did not know that the drug was stored there at all, you may have a valid defense.
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The Law Offices of David Lehr offer possession of a controlled substance defense in Ventura, Oxnard and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case. The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.
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