Facing drug possession charges in San Jose, CA, can be an overwhelming experience, impacting various aspects of your life. Having a knowledgeable drug crimes lawyer can make a significant difference in the outcome of your case.
Our team understands the nuances of drug laws and is dedicated to providing compassionate support while aggressively defending your rights.
Let us help with your drug charges. Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys, to schedule a free consultation with a San Jose drug possession lawyer, or call us at (408) 217-8818.
How Ahmed & Sukaram, DUI and Criminal Defense Attorneys Can Help If You’re Arrested for Drug Possession
Being a defendant and facing drug possession charges in San Jose, CA, can have severe repercussions on all aspects of your life. Our dedicated attorneys are committed to guiding you through this challenging period. Here are some ways we can help:
- We will review the details of your arrest and gather all evidence to help build your case.
- We will negotiate on your behalf for reduced charges or alternative sentencing options when possible.
- We will aggressively defend your rights at trial if a plea deal is not reached.
Having experienced legal representation is essential when dealing with drug charges in San Jose, California. Let us help you. Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys to schedule a free consultation with a San Jose drug crimes attorney.
Overview of Drug Possession in California
Possession of a controlled substance refers to having illegal drugs in your control or physical possession. To secure a conviction, the prosecutor must establish several points:
- You had the substance in your possession.
- You did not possess a valid prescription for it.
- You were aware of the substance’s presence.
- You recognized it as a controlled substance.
- The amount of the substance was usable.
Controlled substances are classified drugs governed by the U.S. Controlled Substances Act, designed to regulate their availability and use. It’s important to note that marijuana falls under a different legal framework and is addressed by Health and Safety Code 11357.
What Does Possession Mean?
Possession means a person has control or ownership of a substance. While it sounds simple, there are actually certain nuances that need to be understood.
Actual Possession
Actual possession refers to having a controlled substance physically on your person. For example, this includes situations where drugs are found in your hand or pocket.
Constructive Possession
Constructive possession involves scenarios where an individual may not have physical control over a substance but has the power and intention to exercise control over it. For example, if drugs are located in a vehicle that you own or in a shared space where you have access, you could be charged with constructive possession.
Understanding drug possession laws is essential for navigating these criminal charges.
What Are the Penalties For Drug Possession in San Jose, California?
In San Jose, possession of a controlled substance is usually charged as a misdemeanor. Defendants found guilty of this offense may face up to one year in county jail and/or a fine of up to $1,000. However, certain situations can elevate the charge to a felony – like if the individual has prior convictions for serious felonies or sex crimes.
A felony conviction will result in a more severe penalty, with the possibility of up to 3 years in county jail. Understanding these potential penalties is important for anyone dealing with drug possession charges.
What Defenses Can Be Raised If I’m Arrested For Drug Possession?
Various legal defenses can be used in response to drug possession charges, depending on the circumstances surrounding the arrest. Here are some of the most common defenses:
- Illegal Search and Seizure: If law enforcement officers do not have probable cause or a warrant to conduct a search, any evidence obtained may be deemed inadmissible in court.
- No Possession: Prosecutors have the burden of proving that you had actual possession or control over the drugs. If there is no evidence to support this, it can be argued that you were not in possession.
- Lack of Knowledge: A defendant can argue that they were unaware of the presence of the controlled substance, which is crucial for proving possession.
- Prescription or Medical Use: When applicable, showing that the controlled substance was legally obtained through a prescription can serve as a valid defense.
Understanding these defenses is vital for anyone facing drug possession charges, as they can significantly influence the outcome of a case. The best way to determine what type of defense is right for your case is to speak with a criminal defense lawyer as soon as possible.
Schedule a Free Case Evaluation With Our San Jose Drug Possession Lawyers
If you or a loved one is facing drug possession charges, reaching out to a lawyer is one of the most important steps you can take and should be done as soon as possible after an arrest. Our lawyers always offer a free case evaluation to discuss the details of your situation and determine the best course of action. For help with your case, contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys to speak with a San Jose drug possession lawyer.