SANTA ROSA DRUG POSSESSION ATTORNEYS

Defending Your Rights in Sonoma and Marin Counties

Being charged with drug possession can be a frightening experience. You may be unsure of what to do next or how to protect yourself. The most important thing you can do is to contact a Santa Rosa drug possession lawyer as soon as possible. At Wilber Law Offices, P.C., we have more than 5 years of combined experience defending the rights of the accused.

Facing drug possession or trafficking charges? Protect your rights with experienced legal defense. Contact us today at (707) 986-4482 for a free consultation.

Understanding California Drug Possession Penalties

In California, the penalties for drug possession depend on the type of drug and the specific circumstances of the case. Simple possession charges are typically less severe than charges for possession with intent to sell, for example. The consequences of a drug possession conviction may also be enhanced if the defendant has a prior criminal record.

Simple drug possession charges can result in the following penalties:

• Up to one year in county jail
• Fines of up to $1,000
• Probation
• Mandatory drug counseling

When a person is charged with possessing a large quantity of drugs, this may be viewed as evidence of intent to sell. Drug possession with intent to sell is a more serious offense and is typically charged as a felony. Convictions for possession with intent to sell can result in much more severe penalties, including imprisonment in a state penitentiary.

Penalties for drug possession with intent to sell can include:

• Up to four years in state prison
• Substantial fines
• Probation
• Mandatory drug counseling

In some cases, a defendant may be charged with simple drug possession, but he or she may also face additional charges. If the drugs were found in a place where children were present, for example, the defendant may be charged with child endangerment. If the defendant was found to be in possession of drug paraphernalia, such as a pipe or syringe, he or she may be charged with a separate crime. The specific penalties for these additional charges will vary depending on the circumstances of the case and the defendant's prior criminal record.

Strategic Defenses Against Drug Possession Charges

If you've been charged with drug possession, you may be wondering if there's any way to fight the charges against you. In many cases, the answer is "yes." A skilled Santa Rosa drug possession attorney can help you explore your options for defense and fight to protect your rights, your future, and your freedom.

Some of the most common defenses to drug possession include:

• Unlawful search and seizure: Under the Fourth Amendment to the U.S. Constitution, all individuals are protected from unreasonable search and seizure. This means that police must have probable cause to search your person, your vehicle, or your home. If the police conducted an illegal search and seizure, the evidence obtained in the search may be suppressed and deemed inadmissible in court. This could result in the dismissal of your case.
• Drugs did not belong to the defendant: In order to be convicted of drug possession, the prosecution must prove that you were in possession of the drugs beyond a reasonable doubt. If the drugs were not found on your person, this may be a viable defense. Even if the drugs were found in your vehicle or your home, it may still be possible to prove that the drugs were not yours. For example, if you share a home or a vehicle with other people, you may be able to argue that the drugs belonged to someone else.
• Crime lab errors: The drugs that were found in your possession must be tested and the results must be analyzed in a crime lab. Crime lab errors are not uncommon. If the drugs were not properly tested or the results were not properly analyzed, the evidence may be inadmissible in court.
• Missing evidence: In order to prove its case against you, the prosecution will need to present evidence. If the evidence has gone missing, this could lead to a reduction in charges or a complete dismissal of your case.
• Entrapment: In some cases, law enforcement officers may use entrapment techniques to catch individuals committing a crime. If police entrapped you, you may be able to use this as a defense. However, the burden of proof is on you to prove that you were entrapped.

These are just a few of the possible defenses to drug possession charges. Every case is unique. An experienced Santa Rosa drug possession attorney can help you understand your options for defense and work to build the strongest possible case on your behalf.

Is Drug Possession a Felony in CA?

In California, drug possession can be classified as either a felony or a misdemeanor, depending on the type and quantity of the drug, as well as the circumstances of the case. In 2014, Proposition 47 passed, making simple possession of most controlled substances a misdemeanor. Among them are cocaine, heroin, and methamphetamines. Misdemeanor possession usually results in lighter penalties, such as probation, fines, or a short jail sentence.

However, drug possession can still be charged as a felony in certain situations. The possession of large quantities of drugs for the purpose of selling or distributing is a felony. Additionally, certain controlled substances like date rape drugs (e.g., Rohypnol) may result in felony charges, even if only a small amount is found.

Moreover, individuals with prior serious or violent felony convictions may face felony drug possession charges despite Proposition 47. Convictions for felony drug possession in California carry harsher penalties, including longer prison sentences and heavier fines. Consulting with an experienced criminal defense attorney is crucial to understanding the charges and building a defense.

Timeline for Resolving Drug Possession Cases

The length of time it takes to resolve a drug possession case will depend on the specific circumstances of the case. A case involving a small amount of drugs may be resolved more quickly than a case involving a large amount of drugs, for example. In some cases, the prosecution may offer a plea deal, which could speed up the process. In other cases, the case may go to trial, which could take several months or longer. A Santa Rosa drug possession lawyer can help you understand what to expect and guide you through the legal process.

Frequently Asked Questions (FAQ)

Can I get a drug possession charge removed from my record?

• Yes, in many cases, you may be eligible for expungement if you successfully complete probation or a diversion program. However, felony convictions may have stricter requirements. Consulting a lawyer can help determine your eligibility.

What should I do if I was arrested but the drugs weren’t mine?

• If you were arrested for drug possession but the substances did not belong to you, it is crucial to avoid making statements to law enforcement and seek legal representation immediately. A skilled attorney can challenge the evidence and work to prove that you were not in possession of the drugs.

Will a drug possession charge affect my driver’s license?

• Possibly. In California, certain drug-related convictions can lead to a driver’s license suspension, especially if the offense involved driving under the influence of drugs (DUID). However, some first-time offenders may be able to keep their license with alternative sentencing options.

Can the police search my car or home for drugs or trafficking evidence without a warrant?

• Law enforcement generally needs a warrant to search your property, but there are exceptions. If drugs or evidence of trafficking were found during an illegal search, your attorney may be able to suppress the evidence and get your case dismissed.

What happens if I refuse a drug test after an arrest?

• Refusing a drug test can have legal consequences, including automatic license suspension and additional penalties. If law enforcement had probable cause to suspect drug use, refusal may not prevent charges from being filed against you.

Can I be charged with drug possession if the drugs were in someone else’s car or home?

• Yes, if law enforcement believes you had constructive possession, meaning you had access to or control over the drugs, you could still face charges. A strong legal defense can help challenge these claims.

Is marijuana possession still a crime in California?

• While marijuana is legal for adults over 21 in California, possession of more than the legal limit (28.5 grams), unlicensed sales, or possession by minors can still result in criminal charges.

Don’t let a drug charge ruin your future. Our attorneys are ready to fight for you. Contact us now at (707) 986-4482 to discuss your case.