Drug Possession Lawyers in Sacramento, CA
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Client was charged with five serious felonies, including attempted murder, and was facing life in prison.
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Client was arrested for embezzling from her employer. All charges dropped.
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Client arrested for their 2nd offense DUI. All charges were dismissed, no DMV or criminal consequences.
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At jury trial, jury returned verdicts of NOT GUILTY on all felony counts.
Protect Your Rights Against Drug Possession Charges in California
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.
Understanding Drug Possession in California
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:
- Marijuana
- Cocaine
- Methamphetamine
- Heroin
- 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.
Potential 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.
Effective 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.
What to Do If You Are Arrested for Drug Possession
Being arrested for drug possession can be a frightening experience, but it is crucial to remain calm and take strategic steps to protect your rights and build a strong defense. Here’s what you should do if you find yourself in this situation.
- First and foremost, remain silent. The right to remain silent is fundamental; anything you say can be used against you in court. Politely inform the arresting officers that you choose to exercise your right to remain silent until you have an attorney present. Avoid discussing your case, the circumstances of your arrest, or any details about the drugs in question.
- Next, ask for an attorney immediately. The presence of a lawyer is critical to ensure that your rights are protected throughout the legal process. If you cannot afford an attorney, you have the right to request a public defender. Your attorney will guide you through the legal system, help you understand the charges against you, and work to develop a defense strategy.
- It is also important to avoid consenting to any searches. If law enforcement officials ask to search your property or belongings, you have the right to refuse. Consenting to a search can make it harder to contest the legality of the search later on. Politely decline and assert your rights, but do so calmly to avoid escalating the situation.
- Document everything you can remember about the arrest. Write down details such as the time, location, the officers involved, and any interactions you had. This information can be invaluable to your attorney when building your defense.
- Finally, comply with all court requirements. Attend all scheduled court appearances, follow any conditions of bail, and stay in close communication with your attorney. Failure to comply with court requirements can result in additional charges and complicate your defense.
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Sacramento
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Stockton
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Sacramento County
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Placer County
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Northern California
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Roseville
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Antioch
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Concord
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El Dorado County
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Yolo County
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Solano County
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San Joaquin County
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Sutter County
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Yuba County
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Vacaville
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Fairfield
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Elk Grove
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Folsom
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Citrus Heights
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Rancho Cordova
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Fair Oaks
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Carmichael
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Arden-Arcade
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Modesto
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Davis
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Woodland
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West Sacramento
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Auburn
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Rocklin
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Lincoln
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Granite Bay
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El Dorado Hills
Contact Our Sacramento Criminal Defense Team
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FREQUENTLY ASKED QUESTIONS ABOUT DRUG POSSESION
In California, drug possession means having control over an illegal controlled substance—whether it’s on your person, in your home, car, or belongings. This includes possession of drugs like cocaine, methamphetamine, heroin, or unauthorized prescription medications. California’s main statute is Health & Safety Code § 11350, which covers possession of controlled substances without a valid prescription.
Most simple drug possession charges for personal use are misdemeanors under Proposition 47, carrying up to 1 year in county jail, probation, fines, or mandatory drug treatment programs. However, possession of certain drugs (like meth or cocaine base) or prior convictions can lead to harsher penalties. Possession with intent to sell or large quantities can result in felony charges with significant prison time.
Yes. Many first-time offenders are eligible for diversion programs like PC 1000 or drug court, which allow charges to be dismissed upon successful completion of treatment and probation. An experienced attorney can also challenge illegal searches, lack of evidence, or violations of your rights, which can result in charges being reduced or dismissed entirely.
Former Police Officer Lends Insight to Your Case
As a former Police Officer, Attorney Gonzales has valuable insight into how cases are handled and how charges are pursued, giving you an advantage at trial. He also understands how law enforcement can make mistakes, which could benefit your defense.
Sacramento criminal defense lawyer Gonzales, will investigate your case, collect evidence, and create a strong defense strategy to either get your entire case dismissed or your charges/penalties significantly reduced.
In fact, he has maintained an undefeated track record as a criminal defense lawyer at trial for the last three years by providing his clients with aggressive and personalized legal solutions. If you are facing criminal charges, our defense attorney in Sacramento can effectively advocate for your future.
