What Are the Best Defenses for Drug Possession Charges?

If you are facing drug possession charges, understanding the best defenses available to you is crucial in protecting yourself. A skilled legal professional can help evaluate your situation and implement effective defensive strategies. Continue reading and work with a knowledgeable Tehama County drug crimes lawyer for experienced representation during your case.

What Are the Penalties for Drug Possession in CA?

Proposition 47 was passed in California in 2014. This act recategorized certain offenses to lesser charges. One type of crime impacted was drug possession and related offenses. According to California Health and Safety Code § 11350, a first-time offender convicted of possession of a controlled substance will generally be charged with a misdemeanor and face penalties of up to one year in county jail and fines of $70. This applies to cases involving Schedule III, IV, and V drugs, Schedule III hallucinogens, Schedule II narcotics or opiates, and Schedule I opiates, opium derivatives, cocaine, mescaline, peyote, and more.

Drug possession can also be considered a felony if there are aggravating factors, such as it being the individual’s second or a subsequent offense, or if the quantity of drugs is substantial. A felony conviction will result in even more significant penalties.

What Are the Best Defenses for Drug Possession Charges?

If you have been arrested for drug possession in California, understanding the possible defenses you can implement in your case is imperative in protecting your rights and future. Consider the following.

• Illegal search and seizure: One of the most effective ways to fight drug possession charges is to challenge the way the evidence was obtained. If the police found drugs in your motor vehicle during a traffic stop, for example, you may be able to argue that they did not have probable cause to stop you in the first place or search your car.
• Chain of custody issues: Physical evidence is crucial in drug cases. Once the police confiscate drugs, the state must properly handle and store them as evidence. If you believe there was an issue with the chain of custody, you could argue that the evidence has been tampered with or create doubt that the drugs being used as evidence were even related to your case in the first place.
• Lack of knowledge: An important part of possession is the offender’s knowledge of the drugs and intent to possess them. If you can prove that you were not aware of the presence of illicit substances or that you did not have the ability to exercise control over them, it could be an effective defense.
• Entrapment: Entrapment occurs when law enforcement or a government agent persuades an individual to commit a crime that they otherwise would not have committed. If the police set you up to buy or possess illegal drugs, you could attempt to argue that you would not have committed the crime without being induced.
  To learn more about how to implement these defenses during your case, reach out to a skilled criminal defense lawyer at Cohen Criminal Law today.