Drug possession is a serious crime in California. If you are convicted, you could face jail time, fines, probation, and other penalties. A conviction will also leave you with a criminal record, making it challenging to find a job, secure housing, or obtain a loan. At Gonzales Law Office, our Sacramento drug possession lawyer will fight aggressively to protect your rights and your future.
Call Gonzales Law Office today at (916) 318-5177 or contact us online to schedule a consultation with our drug possession attorney in Sacramento.
What is Drug Possession?
Drug possession is a legal term that encompasses the act of having illegal substances in one's possession or control. In California, drug possession is governed by a set of laws that define various aspects of this offense. It's essential to understand the key elements of drug possession to effectively navigate the legal system. Drug possession charges can involve various types of controlled substances, including but not limited to:
- Prescription medications without a valid prescription
- Synthetic drugs
The severity of the charges and potential penalties may vary based on the type and quantity of the controlled substance involved.
What are the Penalties for Drug Possession in California?
The penalties for drug possession in California can vary depending on several factors, including the type and quantity of the controlled substance, prior criminal history, and specific circumstances of the case. Here are some potential consequences you may face if convicted of drug possession:
- Misdemeanor or Felony: In many cases, drug possession is charged as a misdemeanor, which can result in penalties such as probation, fines, and mandatory drug treatment programs. However, for some controlled substances, possession may lead to felony charges, which carry more severe penalties, including incarceration in state prison.
- Three Strikes Law: If you have prior convictions for serious or violent felonies, a drug possession conviction can count as a "strike" under California's Three Strikes Law. Accumulating three strikes can result in a mandatory sentence of 25 years to life in prison.
- Sentencing Enhancements: In certain circumstances, the court may apply sentencing enhancements that result in more extended prison sentences, especially if the drug possession occurred near a school, park, or other protected areas.
- Drug Diversion Programs: In some cases, instead of jail or prison time, the court may offer drug diversion programs as an alternative to incarceration. These programs focus on rehabilitation and treatment rather than punishment.
Defenses Against Drug Possession Charges
Some common defenses against drug possession charges may include:
- Unlawful Search and Seizure: If the evidence against you was acquired through an unlawful search or seizure, it may be inadmissible in court. We can assess whether law enforcement violated your Fourth Amendment rights.
- Lack of Knowledge: If you were unaware of the presence of drugs, you may have a valid defense against possession charges. Proving a lack of knowledge can be complex, but we can build a compelling case.
- Illegal Search Warrant: We can scrutinize the validity of any search warrant used in your case. If the warrant was issued improperly or lacked the necessary information, we may challenge the evidence obtained.
- Violation of Chain of Custody: We can examine the chain of custody of the seized substances to ensure that the evidence was handled correctly and no tampering occurred.
Gonzales Law Office is here to provide you with the strong representation you deserve. Our Sacramento drug possession lawyer will fight tirelessly to protect your rights and reach the best possible result for your case. Don't navigate the complex legal system alone – contact us today for a consultation and take the first step toward securing your future.
Contact Gonzales Law Office today to get started with our Sacramento drug possession lawyer.
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