Drug Crimes

A Brief Summary of the Following Article

• Defenses: We outline multiple defenses against drug possession charges, emphasizing strategies like challenging possession claims, demonstrating coercion (duress), and highlighting illegal law enforcement actions to protect your Fourth Amendment rights.
• Marijuana Laws: Highlights the legality of possessing limited amounts of marijuana in California, noting the potential for federal law conflicts and reminding clients of the importance of adhering to legal quantities to avoid possession charges.
• Expungement: We offer hope for those seeking to clear their records, with Dod Law ready to assist in expunging drug possession charges to alleviate future difficulties in employment, housing, and other life activities.
• Legal Assistance: We emphasize the critical role of a skilled attorney in navigating drug possession charges, where Dod Law’s extensive experience in defense, negotiation, and legal strategy can lead to reduced penalties.

It is illegal in California to possess certain types of drugs (or “controlled substances”) without a prescription. A conviction for drug possession comes with stiff penalties and consequences that can wreak havoc on your life. Learn more from an award-winning San Diego drug possession lawyer. In the dynamic legal landscape of San Diego, our team at Dod Law stands out for our comprehensive defense services in drug possession cases.

If you have been accused of, arrested for, or charged with drug possession in or around San Diego, Vista, or Orange County, you need a skilled drug crime attorney to fight for your rights and protect your freedom. With a robust background in the criminal justice system since 2004, including handling high-profile cases, Dod Law is well-equipped to navigate the complexities of drug charges. 

Drug Possession Charges in San Diego, California

California’s drug laws distinguish between two kinds of illegal possession: simple possession and possession for sale. At Dod Law, we have extensive experience defending San Diego, Orange County, and Vista, California clients against both categories of drug possession charges. 

Simple Possession of Drugs

Simple possession is when you physically possess or have constructive control over a personal use quantity of an illegal drug or a legally controlled substance for which you don’t have a valid prescription. In California, simple possession is a misdemeanor punishable by up to one year in county jail (not a state prison), a fine, probation, and community service. For example, 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)

Possession of recreational personal use quantities of marijuana is legal in California if you are over 21. You can also possess medicinal marijuana with a prescription in California if you are over 18. 

But remember, local laws often restrict where you can buy and use marijuana, and you cannot possess marijuana on federal property like a National Park or carry it across state lines because possessing it is not legal in all states.

Other controlled substances and legal practices may vary depending on the circumstances. If you have any questions about your legal rights and how the law might impact your specific circumstances, a criminal defense attorney from Dod Law can help you understand your rights and move through the court process with confidence.

Drug Possession for Sale

Possession for sale is when you possess or control, with the intent to sell, illegal drugs or legally controlled substances for which you do not have a prescription or an appropriate license. It is most often charged in cases where a person possesses or controls distribution-size quantities of the drugs in question. Possession for sale is generally a felony in California, punishable by incarceration in a state prison, fines, probation, and other civil penalties.

You can face possession for sale charges for any of the drugs listed above and, in some cases, for possession of ingredients of those drugs in sufficient quantities to manufacture them. You may also face a possession for sale charge if you possess more than personal use quantities of marijuana or concentrated marijuana and do not have a state-issued license to sell those products.

How We Can Help With a Drug Possession Charge in San Diego

Dod Law fights to defend your rights and protect your freedom. Ours is a full-service criminal defense law firm. We can:

• Advise you about your rights and risks when you have been accused of, arrested for, charged with, or convicted of drug possession
• Take immediate action after your arrest and detention to secure your release on bail if possible
• Represent you in your arraignment (initial appearance) before a judge
• Conduct an independent investigation of your case by gathering evidence and interviewing witnesses
• When the facts and law are on our side, petition the court to dismiss your case or suppress illegally obtained evidence
• Negotiate with the district attorney to convince them to decline your prosecution, reduce your charges, or offer you a favorable plea bargain
• Present your most robust defense to a jury at a trial in San Diego County criminal court
• Prepare and press compelling arguments for the lightest possible sentence

When you work with us, you can face reduced penalties, spend less time in litigation, and decrease stress levels related to your legal matters. We encourage you to contact us as soon as possible to improve your odds of outstanding legal results even further. 

Can Drug Possession Charges Be Expunged in California?

Depending on the type of offense, you may be able to expunge your drug offenses. While this may not reduce the severity of penalties right now, it may make life easier for you in the future. Expungement can help remove several charges and offenses from your record, simplifying any processes related to finding a new job, housing, or other essential life activities.

If you are interested in getting your drug possession charges expunged or if you want to get other offenses removed from your record, we may be able to help. Don’t wait to contact a San Diego drug possession attorney from Dod Law to receive outstanding and invaluable support during your time of need.

Marijuana Charges in California

In 2018, California became the sixth state to legalize the recreational use of marijuana. Adults who are 21 or older may purchase and possess up to 28.5 grams of marijuana, up to 8 grams of cannabis concentrate, and as many as six live plants. People between the ages of 18 and 20 may purchase and possess up to 8 ounces of marijuana and 12 live plants; however, only through California’s medical marijuana program.

Even with this new state law, a drug possession charge is possible if you have more than 28.5 grams of marijuana. In addition, marijuana continues to be illegal under federal law, and you risk arrest and conviction by federal authorities.

What Are the Potential Consequences of a Drug Possession Conviction?

The severity of any potential consequences for a drug possession offense will vary based on certain factors. In a misdemeanor where you are found guilty of simple possession of a small amount of a controlled substance, penalties will likely not exceed a small fine. An example might be simple possession of less than an ounce of marijuana with the intent for personal use. This fine may go up to $100, but you will unlikely face additional penalties. 

More complex factors, including a history of similar crimes, may result in more severe consequences. For example, if you possess more than an ounce of marijuana, you may face up to six months imprisonment and fines up to $500.

If you are concerned about facing penalties for your charges, we encourage you to work with a qualified Orange County drug possession attorney. A San Diego drug possession lawyer from Dod Law can help you analyze evidence and minimize the severity of your potential consequences after conviction. In some cases, we can also eliminate repercussions for those who are innocent.

What Legal Defenses Are Available for Drug Possession Charges?

A handful of defenses may be helpful if you have faced charges for illegal drug possession, such as:

Lack of Possession

Using the argument that you did not possess the drugs is based on the idea that you are not guilty. This might mean you argue that you are not in control of the alleged illegal substances. You might also say that, while you were aware that the drugs were present, the drugs did not belong to you. This argument may be especially helpful when a group of people is involved, and the drugs have been deposited in a shared car, home, or similar location.

You Were Under Duress

You might be able to make the argument that you were coerced into possessing the substances against your will. If you were under duress, you can claim that you believed you had no choice but to hold onto the drugs because of another person. Maybe you were threatened in some way, and you believed holding onto the substance would prevent harm to yourself or others.

However, you must be able to demonstrate that you had no voluntary control over your actions and that the threat was immediate and imminent.

Illegal Law Enforcement Behavior

Depending on the circumstances, law enforcement may have found you were in possession of drugs through illegal means. For example, you may have protection if they did not obtain a valid warrant or reasonable suspicion to search you or your property. This may also be the case if they have failed to request your permission to search your person or property adequately.

According to the Fourth Amendment, law enforcement officers are not permitted to perform unreasonable searches or seizures on any individuals.

If the police acted illegally and ignored your rights, the court will likely determine that the search was inadmissible. This means anything found in the search could not be used against you in legal matters.

Ask an Attorney for Potential Legal Defenses

Whenever you are involved in legal action, we recommend you work with an attorney. An Orange County drug possession lawyer from Dod Law can help ensure you are represented well in the eyes of the law. Your attorney can also ensure any defenses you utilize are explained clearly and concisely, improving your footing in front of court personnel.

If you choose to work alone during your legal matters, you are far more likely to face unnecessary repercussions for any offenses. When you work with a San Diego drug possession lawyer from Dod Law, we can speak on your behalf and reduce the severity of any consequences during these complex legal matters.

Contact Dod Law for Your San Diego Drug Crime Defense

At Dod Law, we represent individuals throughout San Diego, Vista, Orange County, and the surrounding area who face a wide range of criminal charges, including those related to drug possession. Clients praise Dod Law’s responsiveness, professionalism, and complete commitment to achieving justice and getting results for the accused, no matter how serious the charges or challenging the circumstances. 

If you are facing drug possession charges, reach out to us to learn more about your options. To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office (949) 681-7020 | Vista office (760) 814-6025 | or schedule an appointment by filling out our contact form to discuss the best way forward.