Defenses to Drug Possession Charges
Were you arrested for drug possession in California? You could be facing serious penalties if convicted. It is important to know that an arrest for a drug offense does not have to mean a conviction. There are a number of defenses and legal strategies that can be used to help get your drug possession charges reduced or dismissed.
At Chastaine | Jones, we provide aggressive representation for individuals who have been charged with drug crimes throughout Northern California. We have over 50 years of collective legal experience helping clients get charges reduced or dismissed. If you have been arrested for drug possession or another offense in Gold River or the surrounding areas, contact our office to schedule a free, no-obligation consultation.
Defenses to Drug Possession Charges in CA
There are several defenses that may be applied to drug possession charges. It is important to consult with a criminal defense attorney as early as possible to determine which defenses may work in your case. Without the help of an attorney, you could end up with the maximum sentence allowed under state law.
Legal strategies for getting drug possession charges reduced or dismissed:
- Your rights were violated. The drug charges may get dropped if you can show that your constitutional rights were violated. For instance, if the officer performed an illegal search and seizure or if they did not have probable cause for the arrest, you cannot be convicted of the offense.
- You did not possess the drug. If the prosecutor cannot show actual or constructive possession of the drug, the charges may be dismissed. Actual possession occurs when you have the drug on you or in something you are carrying, such as a purse or a backyard. Constructive possession occurs when the officer finds it in something you own but is not on your body.
- The possession was legal. If you were legally allowed to possess the drugs, the charges may get dropped. If you have a prescription or have a right to possess the controlled substance, the argument can be made that your possession was legal.
- You are willing to enter a drug program. A prosecutor may be willing to consider a reduction in the charges if you enter a drug rehabilitation program or a diversion program. Under certain circumstances, a diversion program can help you to get the charges dismissed upon successful completion.
These are only a few of the defenses that may arise in your drug possession case. It is imperative that you speak to an attorney immediately after an arrest to determine all of your legal options.
Arrested for Drug Possession in CA? Contact Our Office.
Were you arrested for drug possession in Gold River, CA, or the surrounding area? Contact our office to schedule a free, confidential consultation. Our lawyers have extensive experience helping clients obtain a reduction or dismissal of their charges. We will help you understand your rights and the legal process. Do not go it alone. Drug charges are serious and can lead to significant penalties. Call now to speak directly with a member of our legal team.
