Los Angeles Criminal Defense

Possession of Controlled Substances

Los Angeles Criminal Defense Attorneys know the evidence of possession may be actual or constructive.

Actual possession is when you carry the drugs with you.

Constructive possession is when:

(1) You have control or the right to control the drugs, but they are not with you; or

(2) When the drugs are somewhere immediately accessible to you and under your dominion and control; or

(3) When the drugs are in the physical possession of your agent or of any other person and you maintain the right to exercise dominion and control over the drugs.

Unlawful possession of a controlled substance requires the prosecutor to prove beyond a reasonable doubt you:

(1) Exercised dominion and control over the drugs;

(2) Had knowledge of its presence;

(3) Had knowledge that the material was a controlled substance; and

(4) Had an amount sufficient to be used.

Los Angeles Criminal Defense Attorneys

Defenses in Drug Cases

To get convicted in California county court of any California crime related to controlled substances, the District Attorney must prove beyond a reasonable doubt you had knowledge of the (a) character of the controlled substance and of its (b) presence.

Defenses based on the lack of a usable quantity: Traces or residue of a controlled substance that are useless for sale or consumption is insufficient evidence to sustain a conviction for possession of a controlled substance.

Punishment for Possession of a Controlled Substance

Proposition 36, the "Substance Abuse and Crime Prevention Act of 2000," diverts nonviolent drug offenders from incarceration into community-based substance abuse treatment programs. If convicted of a nonviolent drug possession offense, an eligible offender must be sentenced to probation, with the conviction to be set aside and the charges dismissed on the successful completion of probation.

Possession of a narcotic substance is punishable by 16 months, two years, or three years in prison.

If you are facing drug charges, consult with the Los Angeles Criminal Defense Attorneys with over 80 years of combined experience, including 26 years of judicial experience about your case.