Los Angeles Drug Possession Lawyers

Can You Get Arrested for Having Drugs on You?

Yes. However, "drug possession" is a complex concept in criminal law and can apply to many different types of substances and objects. You can be charged with possession of illegal drugs, possession of drug paraphernalia, possession of a controlled substance, possession of stolen property, and many other crimes. The penalties for possession of illegal drugs can be severe, including a criminal record, fines, and even jail time. The penalties for possession of stolen property can also be severe. If you have been charged with possession of any kind, you should speak to an experienced lawyer as soon as possible.

At Stephen G. Rodriguez & Partners, we have over 75 years of combined experience defending clients facing all types of possession charges. We understand the laws and procedures involved in these cases, and we know how to present a compelling defense.

Call us today at (213) 481-6811 or contact us online to schedule a free initial consultation with our drug possession attorneys in Los Angeles.

What Does It Mean to Be Charged with Possession?

In criminal law, possession means having control over something. However, this definition does not always make it clear whether you have possession of something, and you can be charged with possession of something you do not own.

For example, suppose you are a passenger in a car that is pulled over by the police, and the police find a bag of drugs in the back seat. You did not own the drugs, and you did not know they were there. However, you were in the car, and the drugs were in the car, so you can be charged with possession of illegal drugs. To convict you, the prosecutor will need to prove that you knew the drugs were there and that you had control over them. However, merely being in the car with the drugs is enough to charge you with possession.

There are many different types of possession, and each type of possession charge has different elements. If you have been charged with possession, an experienced lawyer can help you understand the elements of the crime and the defenses that may be available to you.

What Are the Penalties for Possession of Illegal Drugs?

A misdemeanor conviction for drug possession is punishable by up to one year in county jail and a fine of up to $1,000.

A felony conviction for drug possession carries up to three years in county jail and a fine of up to $10,000. If you have a prior conviction for a drug crime, you can be sentenced to up to five years in county jail and a fine of up to $50,000.

In addition to these penalties, a drug conviction can also have other serious consequences, such as a criminal record, difficulty finding a job, and difficulty finding housing. If you have been charged with possession of illegal drugs, you should speak to a lawyer as soon as possible.

Can I Get My Possession Charges Dismissed?

In California, drug diversion programs and drug courts are designed to help individuals charged with drug offenses receive treatment instead of facing traditional criminal penalties. These programs aim to address the root causes of drug abuse and reduce recidivism by providing offenders with the resources and support needed to overcome addiction.

Drug Diversion Programs allow individuals charged with certain drug offenses to avoid jail time by completing a drug treatment program. Here are key aspects:

• Eligibility: Typically, non-violent offenders charged with simple possession of drugs are eligible. Those with more serious charges or extensive criminal histories may not qualify.
• PC 1000 (Penal Code 1000): This is one of the most common drug diversion programs. Eligible defendants plead guilty but their conviction is deferred while they complete a drug education or treatment program. Successful completion of the program leads to dismissal of the charges.
• Requirements: Participants must complete a specified drug treatment program, which can include education classes, therapy, and regular drug testing.
• Outcome: If the program is successfully completed, the charges are dismissed. Failure to complete the program can result in the case being reinstated and potentially lead to sentencing.

Drug Courts are specialized court programs that focus on treating drug addiction rather than imposing criminal penalties. These courts offer a structured environment with close judicial oversight. Key elements include:

• Eligibility: Similar to drug diversion programs, drug courts typically accept non-violent offenders who are charged with drug-related offenses and are struggling with addiction.
• Program Structure: Drug court programs are more intensive than standard diversion programs. They include regular court appearances, rigorous treatment programs, frequent drug testing, and close supervision by court officials.
• Phases: Participants usually go through multiple phases, starting with intensive treatment and frequent court appearances, and gradually moving to less frequent supervision as they progress.
• Support Services: In addition to drug treatment, participants may receive support for employment, housing, education, and other needs to help them reintegrate into society.
• Outcome: Successful completion of a drug court program can result in the dismissal or reduction of charges, whereas failure to comply with the program's requirements can lead to traditional sentencing.

Both drug diversion programs and drug courts focus on rehabilitation and recovery, offering individuals the chance to avoid a criminal record while addressing the underlying issues related to their drug use.

What Are Some Defenses to Drug Possession Charges?

There are many defenses to drug possession charges, and the defenses that may be available to you will depend on the specific facts of your case. For example, you may be able to argue that you did not have knowledge of the possession or that you did not have control over the object. You may also be able to argue that the police conducted an illegal search and seizure in violation of your Fourth Amendment rights. If you have been charged with possession, an experienced lawyer can help you understand the defenses that may be available to you.

How Stephen G. Rodriguez & Partners Can Help

If you have been charged with drug possession, you should speak to a lawyer as soon as possible. At Stephen G. Rodriguez & Partners, we will fight for you. We will investigate your case, determine the best defense strategy, and work tirelessly to achieve the best possible outcome. We have a long track record of success, with many positive outcomes for our clients, and we are ready to fight for you.

Contact us today at (213) 481-6811 to discuss your case.