If you have been charged with drug possession in California, it can be incredibly overwhelming, as these charges can follow you around for the rest of your life, impacting your ability to find a job or housing. As such, it’s imperative to understand what you can do to defend yourself from the charges against you. The following blog explores the penalties you can face and the importance of working with a Sacramento criminal defense lawyer to explore your legal options and fight for the best possible outcome for your unique circumstances.
What Are the Penalties I Can Face if Convicted of Drug Possession Charges?
In many instances, drug possession is charged as a simple possession offense, which warrants a misdemeanor. A such, you can face penalties such as up to one year in jail or a fine of up to $1,000. However, you may be able to attend a drug diversion program in order to avoid spending time in jail.
However, you could potentially face charges for possession for personal use, which could be a felony offense based on the circumstances surrounding your crime. This can result in up to three years in jail and a fine of up to $10,000.
What Defenses Might I Be Able to Utilize?
One of the most common defenses that people utilize to avoid facing drug possession charges in California is that the drugs did not belong to them. However, it’s important to consider that you can still face charges if you were found to have control over the substance, even if they were not directly on your person. This is a concept known as constructive possession. For example, if you are the passenger in a car and drugs are found in the center console, you can face charges, as you can still exert control over the substance. As such, you would have to show that you lacked the knowledge of the presence of the substance in the vehicle.
Another potential defense you may be able to utilize is that your constitutional rights were violated by law enforcement. When searching your property, the police need reasonable suspicion that a crime has occurred, your consent, or a search warrant. If they do not have any of those elements, they cannot conduct a search. Should they proceed, your attorney can fight to have the evidence collected deemed inadmissible in court.
Your attorney may also attempt to challenge the police procedure and chain of custody regarding the substance found in your possession, as improper transfers or contamination can be the basis to challenge the charges against you.
As you can see, possession charges can be incredibly serious, which is why it’s critical to work with an experienced attorney to help you fight for the best possible outcome for your unique circumstances. At the Law Offices of Dale R. Gomes, our team will explore all avenues to help you fight for the best possible outcome. Contact us today to learn more.
