The consequences of being apprehended for drug possession in California are severe as it can change one’s life for the worse. A first-time offender or a serial culprit, it is vital that one gets to understand his or her penal consequences and likely defenses.

How Is Possession of Drug Defined in California?

Health and Safety Code §11350 makes it unlawful in the state of California to be in possession of prescription drugs without a prescription. These include drugs such as heroin, cocaine, methamphetamine, ecstasy, and narcotics such as Vicodin and OxyContin.

There are generally three kinds of possession under the Californian law:

1. Actual possess which just means you possess them in one way or the other, this means having ownership or the ability to make decisions about them in some way and actually having the physical drugs on you.

2. Constructive possession: this scenario you have the right to possession and you are able to exercise control over the place where the drugs are located.

3. Concurrent use: There are two people who possess the drugs in question.

Penalties for Drug Possession in California

In the case of Proposition number 47 most of the simple possession offenses fall under the misdemeanor level and not the felony level. Still, there are what can be called penalties:

1. Up to one year in county jail

2. Fines up to $1,000

3. Penalties: probation, work on the community service, or drug counseling

4. Some types of record such as criminal records that would disqualify one from employment, housing, or immigration. The second-time offenders as well as the people found in possession of such substances for the purpose of selling them attract even stiffer penalties.

Legal Options After a Drug Possession Arrest

Often if you have been charged you do not have now freedom of choice. Here are a few things to do in the legal way:

1. Pretrial Diversion Programs– He also stated that today California has several programs such as PC 1000 and Proposition 36 that enables some defendants to undergo treatment rather than be incarcerated. In some cases, the charges may be dropped upon completion of all prescribed conditions that have been set to be met.

2. Drug Court- Drug courts can be considered as an additional opportunity of dealing with a person who was arrested on suspicion of the use of drugs. In the same case, they emphasize more on correction and monitoring than on punishing offenders.

3. Negotiated Pleas– Sometimes, the attorney can plea bargain whereby a charge or the penalty of the alleged crime is lowered in exchange for a guilty plea.

Four classical legal defenses that apply in a drug possession case include:

Since there are many types of criminal cases, a good criminal defense lawyer will assess your case and probably utilize any of the following:

1. Unlawful Search and Seizure If the police got the evidence through search warrant or having probable cause they had no right to get it that evidence may be dismissed.

2. Lack of Possession You may also contend that the drugs are not yours or that you have never had any dealings with them or knowledge of their presence around you.

3. Valid Prescription If the said substance is prescribed by a doctor as a medication, then it is possible for the charge to be dropped.

4. Entrapment If the police encouraged you to perform an act that you would not have done otherwise, then entrapment can be considered.

Why You Need a Criminal Defense Attorney

The laws concerning use and possession of drugs in California differ and the punishment attached to Conviction is severe.

An experienced attorney can:

1. Analyze the evidence

2. Protect your constitutional rights

3. Guide you through diversion programs

4. To be able to develop an efficient defense mechanism, it is important that defense counsel assists their clients to build a defense mechanism that will suit the case.

Final Thoughts

One does not necessarily have to be confined to a prison of a drug possession charge that has followed him throughout his/her years. This way, you would be in a position to do everything legally possible towards the determination of your case. To some extent, it may seem like you do not have much power in any case, but you do have control over a diversion program. a powerful courtroom defense, and even a case dismissal.