CA Health & Safety Code 11350: Drug Possession Charges
California is tough on people accused of drug crimes. Punishments can be heavy and the system difficult to navigate, but a skilled West Covina criminal defense lawyer on your side can protect your rights and minimize your penalties.
Elements the Prosecutor Must Prove in a Drug Possession Case
According to the California Health and Safety Code, Section 11350, the prosecution in an unlawful possession of a controlled substance (also known as drug possession) charge must prove that you:
- Had actual or constructive possession of the substance;
- Knew that the substance was present;
- Knew that the substance was a controlled substance or drug; and
- Had an amount that is sufficient to be used.
What Is the Difference between Actual and Constructive Possession?
Actual possession means you carried the substance on your person. Constructive possession occurs when:
- You maintain control of the drugs that are not on your person;
- The drugs are somewhere that is accessible to you and is under your control; or
- The drug is in the physical possession of your agent or any other person as long as you have control over it.
An experienced West Covina criminal defense lawyer understands that drugs that are found among your personal effects can be highly incriminating and can be the basis to support a conviction of possession of a controlled substance.
Possible Penalties for Drug Possession
The penalties for drug possession depend on the amount and type of drugs you possess and your prior criminal history.
Minor drug possession charges (including charges for possession of steroids or some prescription drugs) are punishable with jail time and fines, as well as suspension of your driver’s license. Possession of large amounts of drugs or cultivating or selling drugs is a more serious offense with harsher penalties than possession of small amounts for personal use.
California law generally allows for nonviolent drug offenders to avoid jail by entering drug treatment programs. However, these programs are not available to individuals convicted of the more serious drug offenses of possession of drugs for sale; sale of drugs, or manufacture of drugs.
Contact a West Covina Criminal Lawyer
Every drug possession case is unique, requiring a defense geared towards the specific charges you face. If you are charged with a drug possession crime, the most important thing you can do is retain an experienced West Covina criminal defense lawyer who will fight for your rights and obtain the results you need. At Daniel V. Cota & Associates, P.C., Attorney Cota will build a personalized defense for the specific facts of your case. To schedule a free consultation with a dedicated and experienced West Covina criminal defense lawyer, contact Daniel V. Cota & Associates, P.C. toll free at 800.351.6860.