What Are The Common Defenses Against Drug Possession Charges in Los Angeles, CA?

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Drug cases are some of the most common cases we take on as Los Angeles, California criminal defense lawyers. Many of these cases are misdemeanor possession charges, and quite a few of them are first-time offenses.

That can give us a lot of options when it is time to craft your defense. 

What the Prosecution Must Prove

The prosecution four facts when they try to prove a drug possession case.

  • You possessed the drug.
  • You knew you possessed the drug.
  • You knew what you had was a controlled substance.
  • You possessed the drug in a “usable” amount. Trace amounts of the drug that are impossible to consume are insufficient for a drug possession charge.

The need to prove these four facts alone can offer a lot of opportunities for defense, but there are other options. 

7 Successful Defenses

There are seven defenses we usually use.

  • Factual Innocence. You didn’t possess any drugs in the first place.
  • Violation of Constitutional rights. If police used an illegal search and seizure to conduct their search then the evidence can be thrown out. In some cases, that evidence is the only evidence they have. When that happens, the case tends to fall apart.
  • Insufficient evidence. Even in cases where the police followed the correct procedure there might simply be insufficient evidence for the prosecution to win or pursue your case.
  • Reliability of informants. A great many drug cases hinge on the involvement of police informants. Attacking their credibility can make the prosecution’s case fall apart.
  • The drugs weren’t yours. If we can prove the drugs weren’t yours then you didn’t possess the drugs.
  • Proving you didn’t know the drug was there, or that you didn’t know it was a controlled substance. Thus defeating the second issue the prosecution needs to address. 
  • Prescription substance. If you hold a valid prescription for any controlled substance and possess the amount permitted by the prescription then you cannot be convicted of drug possession.

What if none of these defenses apply? 

In those cases we would do our best to help you take advantage of a deferred entry of judgment program, or a drug diversion. Most first-time misdemeanor possession offenders are eligible for the program. If you complete the program successfully, your charges will be dropped. That means you don’t face jail time and you don’t end up with a criminal record. 

We can also help with high-end felony cases

Get Help Today

Without help from an experienced drug lawyer you will probably go to jail, even for a first-time misdemeanor possession charge. Public defenders tend to just plea out your case without looking at other options, simply because they don’t have time to devote a great deal of energy to any given case.

If you want to explore all your options and if you want to ensure every bit of evidence gets taken into consideration, contact us. We will fight hard to keep you out of jail. 

See also: 

How Pretrial Diversion Works in Los Angeles, CA

What to Do If You Get Arrested in Los Angeles, CA

What Does It Take to Get Criminal Charges Dropped in Los Angeles, CA?

 

What Are The Common Defenses Against Drug Possession Charges in Los Angeles, CA?

inne-rpage-seperator

Drug cases are some of the most common cases we take on as Los Angeles, California criminal defense lawyers. Many of these cases are misdemeanor possession charges, and quite a few of them are first-time offenses.

That can give us a lot of options when it is time to craft your defense. 

What the Prosecution Must Prove

The prosecution four facts when they try to prove a drug possession case.

  • You possessed the drug.
  • You knew you possessed the drug.
  • You knew what you had was a controlled substance.
  • You possessed the drug in a “usable” amount. Trace amounts of the drug that are impossible to consume are insufficient for a drug possession charge.

The need to prove these four facts alone can offer a lot of opportunities for defense, but there are other options. 

7 Successful Defenses

There are seven defenses we usually use.

  • Factual Innocence. You didn’t possess any drugs in the first place.
  • Violation of Constitutional rights. If police used an illegal search and seizure to conduct their search then the evidence can be thrown out. In some cases, that evidence is the only evidence they have. When that happens, the case tends to fall apart.
  • Insufficient evidence. Even in cases where the police followed the correct procedure there might simply be insufficient evidence for the prosecution to win or pursue your case.
  • Reliability of informants. A great many drug cases hinge on the involvement of police informants. Attacking their credibility can make the prosecution’s case fall apart.
  • The drugs weren’t yours. If we can prove the drugs weren’t yours then you didn’t possess the drugs.
  • Proving you didn’t know the drug was there, or that you didn’t know it was a controlled substance. Thus defeating the second issue the prosecution needs to address. 
  • Prescription substance. If you hold a valid prescription for any controlled substance and possess the amount permitted by the prescription then you cannot be convicted of drug possession.

What if none of these defenses apply? 

In those cases we would do our best to help you take advantage of a deferred entry of judgment program, or a drug diversion. Most first-time misdemeanor possession offenders are eligible for the program. If you complete the program successfully, your charges will be dropped. That means you don’t face jail time and you don’t end up with a criminal record. 

We can also help with high-end felony cases

Get Help Today

Without help from an experienced drug lawyer you will probably go to jail, even for a first-time misdemeanor possession charge. Public defenders tend to just plea out your case without looking at other options, simply because they don’t have time to devote a great deal of energy to any given case.

If you want to explore all your options and if you want to ensure every bit of evidence gets taken into consideration, contact us. We will fight hard to keep you out of jail. 

See also: 

How Pretrial Diversion Works in Los Angeles, CA

What to Do If You Get Arrested in Los Angeles, CA

What Does It Take to Get Criminal Charges Dropped in Los Angeles, CA?

 

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