Santa Ana Drug Possession Lawyer
Santa Ana Drug Possession Lawyer | Orange County
In California, possessing certain drugs or controlled substances without a prescription is illegal. A drug possession conviction can have serious penalties and profoundly affect your life. Learn more from an award-winning Santa Ana drug possession lawyer. At Dod Law, we excel in providing comprehensive defense services for drug possession cases in Santa Ana, Orange County and San Diego.
If you’ve been accused, arrested, or charged with drug possession in Santa Ana, Orange County, or San Diego you need a skilled drug crime attorney to safeguard your rights and freedom. With extensive experience in the criminal justice system since 2004, including handling high-profile cases, Dod Law is adept at navigating the intricacies of drug charges.
Drug Possession Charges in Santa Ana, California
California’s drug laws categorize illegal possession into two types: simple possession and possession for sale. At Dod Law, we have extensive experience defending clients in Santa Ana, Orange County, San Diego and Vista, California against both types of drug possession charges.
Simple Possession of Drugs
Simple possession refers to physically possessing or having constructive control over a personal use quantity of an illegal drug or a legally controlled substance without a valid prescription. In California, simple possession is a misdemeanor, punishable by up to one year in county jail (not state prison), a fine, probation, and community service. You might face a simple possession charge for carrying or having control over:
- Cocaine
- Heroin
- Opium
- Prescription opioids like oxycodone, morphine, and fentanyl
- Prescription benzodiazepines like Valium and Xanax
- Methamphetamine
- Prescription stimulants like Ritalin and Adderall
- Hallucinogens like MDMA (molly/ecstasy), LSD (acid), peyote, mescaline, or psilocybin (mushrooms)
Recreational personal use quantities of marijuana are legal in California if you are over 21. Additionally, you can possess medicinal marijuana with a prescription if you are over 18.
However, local laws may restrict where you can buy and use marijuana. Also, you cannot possess marijuana on federal property, such as a National Park, or carry it across state lines, as it remains illegal in some states.
The legal status of other controlled substances may vary depending on the circumstances. If you have questions about your legal rights and how the law might impact your specific situation, a criminal defense attorney from Dod Law can help you understand your rights and confidently navigate the court process.
Drug Possession for Sale
Possession for sale refers to having illegal drugs or controlled substances with the intent to sell, without a prescription or the proper license. This charge often applies when someone possesses distribution-size quantities of drugs. In California, possession for sale is generally classified as a felony, punishable by state prison time, fines, probation, and other civil penalties.
You can face possession for sale charges for any of the drugs previously listed and, in some instances, for possessing ingredients in quantities sufficient to manufacture them. Additionally, you may be charged with possession for sale if you possess more than personal use quantities of marijuana or concentrated marijuana without a state-issued license to sell these products.
How Dod Law Can Help With a Drug Possession Charge in Santa Ana
At Dod Law, we are committed to defending your rights and protecting your freedom. As a full-service criminal defense law firm, we can:
- Advise you on your rights and risks when accused, arrested, charged, or convicted of drug possession.
- Act quickly after your arrest to secure your release on bail if possible.
- Represent you at your arraignment (initial court appearance).
- Conduct an independent investigation by gathering evidence and interviewing witnesses.
- Petition the court to dismiss your case or suppress illegally obtained evidence if applicable.
- Negotiate with the district attorney to reduce charges, decline prosecution, or offer a favorable plea bargain.
- Present a robust defense to a jury during your trial in San Diego County criminal court.
- Argue for the lightest possible sentence if necessary.
By working with us, you can potentially face reduced penalties, spend less time in litigation, and experience lower stress levels related to your legal issues. Contact us as soon as possible to enhance your chances of achieving excellent legal outcomes.
Summary of Drug Possession Defense
Defenses: We present multiple strategies to defend against drug possession charges, including challenging the possession claims, proving coercion (duress), and exposing any illegal actions by law enforcement to safeguard your Fourth Amendment rights.
Marijuana Laws: We explain the legality of possessing limited amounts of marijuana in California, cautioning about potential federal law conflicts and stressing the importance of staying within legal limits to avoid possession charges.
Expungement: We offer assistance to those looking to clear their records, with Dod Law dedicated to helping expunge drug possession charges, easing future challenges in employment, housing, and other life activities.
Legal Assistance: We underscore the importance of having a skilled attorney when facing drug possession charges. Dod Law’s extensive experience in defense, negotiation, and legal strategy can result in reduced penalties.
Can Drug Possession Charges Be Expunged in California?
Depending on the type of offense, you may be able to expunge your drug charges. While this may not reduce current penalties, it can significantly improve your future prospects by removing charges from your record, simplifying processes related to employment, housing, and other essential activities.
If you’re interested in expunging your drug possession charges or other offenses, Dod Law can help.
Marijuana Charges in California
In 2018, California legalized the recreational use of marijuana. Adults aged 21 or older may purchase and possess up to 28.5 grams of marijuana, up to 8 grams of cannabis concentrate, and up to six live plants. Individuals aged 18 to 20 may purchase and possess up to 8 ounces of marijuana and 12 live plants through California’s medical marijuana program.
However, you can still face drug possession charges if you exceed 28.5 grams of marijuana. Additionally, marijuana remains illegal under federal law, risking arrest and conviction by federal authorities.
Potential Consequences of a Santa Ana Drug Possession Conviction
The severity of consequences for a drug possession offense varies. For a misdemeanor involving simple possession of a small amount of a controlled substance, penalties typically include a small fine. For example, simple possession of less than an ounce of marijuana intended for personal use may result in a fine of up to $100, with no additional penalties.
More severe consequences can result from complex factors, such as a history of similar crimes. Possessing more than an ounce of marijuana may result in up to six months of imprisonment and fines up to $500.
To mitigate potential penalties, we encourage you to work with a qualified Orange County drug possession attorney. A Santa Ana drug possession lawyer from Dod Law can help analyze evidence and minimize the severity of your potential consequences. In some cases, we can eliminate repercussions for those who are innocent.
Legal Defenses for Drug Possession Charges
Several defenses may be useful if you face charges for illegal drug possession:
- Lack of Possession: Argue that you did not possess the drugs, meaning you were not in control of the alleged substances. This argument can be helpful in situations where drugs were found in a shared space, like a car or home.
- Duress: Claim you were coerced into possessing the substances against your will. To use this defense, you must demonstrate that you had no voluntary control over your actions and that the threat was immediate and imminent.
- Illegal Law Enforcement Behavior: Argue that law enforcement found you in possession of drugs through illegal means, such as without a valid warrant or reasonable suspicion. According to the Fourth Amendment, unreasonable searches and seizures are not permitted. If your rights were ignored, the court might deem the search inadmissible, and any evidence found could not be used against you.
Ask an Attorney for Potential Legal Defenses
Whenever you are involved in legal action, it’s advisable to work with an attorney. An Orange County drug possession lawyer from Dod Law can ensure you are well-represented and that any defenses you utilize are clearly and concisely explained, improving your standing in court.
Working alone may lead to unnecessary repercussions. By partnering with Dod Law, you can reduce the severity of any consequences during these complex legal matters.
Contact Dod Law for Your Santa Ana Drug Crime Defense – Santa Ana Drug Possession Lawyer
At Dod Law, we represent individuals throughout Santa Ana, Orange County, San Diego, and Vista, California facing a wide range of criminal charges, including drug possession. Clients praise our responsiveness, professionalism, and commitment to achieving justice and results, regardless of the seriousness of the charges or challenges faced.
If you are facing drug possession charges in Santa Ana, reach out to us to explore your options. To schedule a free consultation with a member of our legal team, call our Santa Ana, Orange County office at (949) 681-7020, San Diego office at (619) 814-5110, and our Vista office at (760) 814-6025. You can also schedule an appointment by filling out our contact form to discuss the best way forward.
At a Glance
Meet Attorney Dod Ghassemkhani
- Recent Case Results
- San Diego Criminal Defense Bar Association | Named San Diego County’s 2023 Trial Lawyer Of The Year
- Award Winning Criminal Defense Attorney
- The National Trial Lawyers: Top 100 Trial Lawyers
- Over 20 years of criminal defense experience
- 10.0 “Superb” Avvo Rating