If you are charged with possession of a controlled substance, you will need an experienced Ventura drug crimes lawyer in your corner immediately. At David Lehr Law, we offer strong, confident, and aggressive representation in the face of both minor and serious drug charges.
Do not lose hope – get legal help. Call our law office now and schedule a free initial consultation to discuss your case.
Why Do I Need a Drug Possession Attorney in California?
In California, the state takes drug crimes very seriously, especially any drug offense related to the possession of controlled substances. If you face possession of controlled substance charges, remember that you are innocent until proven guilty and there are many ways our credible Ventura drug possession lawyers may be able to defend you against the accusations.
At David Lehr Law, we have over a decade of extensive experience helping individuals fight against criminal charges. Our legal team focuses on:
- providing results-focused criminal defense representation across the full range of misdemeanor and felony cases in California.
- exploring each criminal case we take on and determining possible defenses.
- reviewing the specific details of your situation to determine the best legal steps to protect your future.
- guiding you through the most challenging time in your life, helping you change yourself for the better, and obtaining the best possible outcome in your criminal case.
- helping you navigate the court case to get your life and reputation back.
Our criminal defense law firm provides honest, thoughtful, clear, and effective guidance and support to our clients. We will lead you through difficult times and help you secure your future. Contact us now and schedule a free consultation with our top-ranking California criminal defense lawyer.
What Is a Controlled Substance?
The federal or state government classifies certain substances as “controlled”. It generally means that the use and distribution of the substance are governed by law. The federal scheme contained in the Controlled Substances Act divides controlled substances into five “schedules” of drugs, with the least dangerous substances in Schedule V and the most dangerous in Schedule I. A knowledgeable Venture drug possession lawyer can help you understand these drug classifications.
These drugs or other substances are tightly controlled by the government because they may be abused or cause addiction. The control applies to the way the substance is made, stored, handled, used, and distributed.
What is a Possession of a Controlled Substance Charge?
The definition of possession of a controlled substance is having in one’s possession a drug that has been declared by California law to be illegal for sale or use without a physician’s prescription. It occurs if an individual owns or otherwise possesses a drug or other controlled substance, without permission or legal justification. A skilled Ventura drug possession attorney can help you know and understand the nature of this drug charge.
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
- Cocaine base
- Heroin
- Opiate
- Opiate derivatives
- Hydrocodone or Vicodin
- Codeine
- Marijuana
- Peyote
- Fentanyl
- Gamma-hydroxybutyric acid (GHB)
- Specific hallucinogens and more.
What are the Elements of a Possession of a Controlled Substance Charge?
The elements of California’s criminal charge of possession of a controlled substance include the key elements of possession and a controlled substance. If you are facing a drug possession charge, it is in your best interests to seek legal advice from our trusted Ventura CA drug possession lawyer to help you navigate the laws and build a strong defense strategy against the charges.
To win a conviction on unlawful possession of a controlled substance charge, 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 California law
- That the amount you possessed was usable
- That you had physical custody over the drug and its use
What are the Types of Possession of Controlled Substance Charges?
The criminal charge for drug possession involves several subcategories outlining the different types of offenses. Three types of possession of controlled substance charges that might be leveled against you are: actual, constructive, and joint.
Actual Possession
When an individual has direct contact with a controlled substance, it is considered an actual possession. Actual possession means that you had immediate physical control over the drug and the law enforcement officer 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, our competent Ventura drug defense lawyers can turn the tables. This is why you shouldn’t waste any time calling us to discuss the merits and demerits of your case.
Constructive Possession
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 close to it at times.
Joint Possession
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 were listed as controlled, or you did not know that the drug was stored there at all, you may have a valid defense.
What are the Possible Defenses Against a Possession of a Controlled Substance Charge?
Possession of a controlled substance has many defenses, and our skilled Ventura drug possession lawyers are experienced in dealing with all possible scenarios. Each of these defenses can be raised depending on the facts of your case. So do not automatically give up if you are charged – fight back with vigorous, strategic defense.
Valid Prescription
If you have a valid prescription, then proof of it is an absolute defense. The prescription must have been provided in a legal setting. The defendant will not be convicted for drug possession if they have a valid, written prescription for the drug from a licensed healthcare provider.
Unlawful Search and Seizure
Defense strategies employed by our credible Ventura drug defense lawyers may include an investigation of the search and seizure conducted by the police. For example, we see many cases in which the investigation and arrest were out of compliance with the law. If the defendant possessed drugs that were seized in violation of their Fourth Amendment rights, that evidence will not be admissible in court.
The Drug Belongs to Someone Else
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 a jail sentence.
Oftentimes, the District Attorney finds it difficult to prove this allegation. At the trial, if a prosecutor cannot prove beyond a reasonable doubt that the defendant had control of the illegal drug, there can be no guilty verdict.
Call Our Seasoned Ventura Drug Possession Attorneys Now!
A conviction for drug possession in the United States is a serious issue that could jeopardize your future opportunities for many years. Being accused of possessing a controlled substance can have severe penalties resulting in substantial fines and jail time. You must take any possible legal action to prevent a conviction on a drug possession charge or to reduce the charge to minimize the impact.
No matter the charges you are facing, there is always a path forward. Let our competent Ventura drug possession attorneys at David Lehr Law help you find it. Our criminal defense law firm provides the highest level of legal service and representation to our valued clients. We are here to advocate for you and your loved ones.
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. Call us now and get a free case review with our California criminal defense attorney.
