A Marin County Drug Attorney Representing People Charged with Drug Possession

Drug offenses, particularly possession charges, do not carry the stigma that they once did. However, it is a mistake to assume that your possession charge is no big deal. Even a simple possession charge can carry considerable consequences, such as jail and fines. Protect your rights by getting help from an experienced Marin County drug attorney. 

Understanding Your Possession Charge In California

It is illegal under California law to possess any controlled substance, including prescription drugs, without a valid prescription. Possession can be charged in either of two situations: 

1. You were in actual possession of a controlled substance. This means that the drugs were found on your person, such as in your hand, in your purse, or in your pocket. 
2. You were in constructive possession of a controlled substance. This means the drugs were found in an area within your immediate control. This could include drugs that are found in your home or your vehicle. 

Constructive possession cases are more difficult for the prosecution to prove because it is possible that the drugs belong to someone else or were put there without your knowledge. This is especially true in spaces you share with other people, such as roommates, or in areas where other people have easy access. 

However, do not assume that your case is open-and-shut if you were found in actual possession of drugs. The prosecution still has to prove their case, and legal defenses may be available to you. A Marin County drug attorney can protect your rights and help you get a fair result. 

What the Prosecution Must Prove

Always remember that you are innocent until proven guilty. This is especially true in drug cases, including possession charges. In order to convict you, the prosecution must prove all four of the following elements: 

1. You were in possession of a controlled substance.
2. You knew that you were in possession of a controlled substance.
3. You knew that it was a controlled substance. 
4. You possessed a usable amount of the controlled substance and not just residue. 

The first element may be somewhat obvious—they must prove that you were in possession of drugs in order to convict you of possession. However, the second and third elements can be more challenging depending on the facts of the case. For example, you may have known you were in possession of the substance but did not know that it was an illegal drug. Alternatively, you may not have been aware that you were in possession of the drug at all. 

If the prosecution cannot prove any one of these elements beyond a doubt, you cannot be convicted of possession. An experienced Marin County drug attorney will be able to challenge the prosecution’s case and demonstrate how they cannot prove you are guilty. 

The Penalties of a Drug Possession Conviction

Most drug possession charges are misdemeanors in California, but that doesn’t mean that you shouldn’t take your possession charge seriously. A conviction for a first-time offense could result in the following penalties: 

• Up to one year in county jail;
• Fines of up to $1,000;
• Community service; and
• Mandatory drug counseling.

These penalties can vary widely depending on the type and amount of drugs involved in your case. And while most drug possession charges are misdemeanors, possession can be charged as a felony in certain situations. For example, you could face a felony possession charge for certain “hard” drugs such as methamphetamine or heroin. You could also face a felony possession charge if you have a prior conviction for a sex crime or other serious felony. If you are charged with felony possession, you could face up to three years in jail if you are convicted. You should contact a Marin County drug attorney as soon as possible, especially if you are facing a felony drug possession charge. 

Other Consequences of Conviction

In addition to the penalties listed above, a conviction can carry additional consequences that are often overlooked: 

• Immigration issues: People who are here on a visa or green card could have their immigration status revoked. People who are convicted of felony possession could face deportation. 
• Employment issues: A drug conviction could make it difficult to obtain employment, especially if you need a security clearance. 
• Housing restrictions: A drug conviction on your record may make renting a place to live difficult. 
• College admissions and financial aid: Colleges and universities may deny you admission, revoke scholarships and grants, or deny you other types of financial aid. 
• Gun rights: A felony drug possession conviction could result in the loss of your right to own or keep a firearm. 

These are just some of the reasons why you should take your possession charge seriously, even if it is unlikely you will go to jail. A Marin County drug attorney can provide an overview of all the potential consequences you face if you are convicted. 

Drug Diversion

Courts have recognized that many of the people who are charged with possession of illegal drugs are actually suffering from addiction. A conviction followed by incarceration only made the problem worse—people did not get the help they needed, their families suffered, and they were much more likely to commit additional offenses after they were released. As a result, California instituted different ways to address the problem, including pretrial diversion programs. 

Non-violent offenders charged with simple possession may qualify to participate in the diversion program. Instead of going to prison, people undergo treatment for their substance abuse and training. Their charges are then dismissed upon successful completion of the program. 

Drug diversion is an incredible opportunity for people who are facing possession charges as a result of their addiction. An experienced drug attorney can help you get into a diversion program and then help you navigate the ongoing requirements. 

Contact A Marin County Drug Attorney At Brownstein Law Group if You Are Facing Drug Possession Charges

At Brownstein Law Group, we never forget that our client’s future is at stake. Whether you have been charged with simple possession or something more serious, we can fight for you. Contact a Marin County drug attorney today to schedule a free consultation.