The police regularly hear people they arrest for drug crimes claim that the drugs found on them didn’t actually belong to them. While this is likely often untrue, what happens if it is true? Unfortunately, the reality is that if you are found with drugs in your possession, then by a legal standpoint they are essentially yours. If this is your situation, then you need to contact a drug crimes attorney right away. Call Chambers Law Firm at 714-760-4088 for a free case evaluation.
You may be surprised by the legal definition of drug possession
In the state of California, there are three types of drug possession. First is actual possession, which refers to having drugs in your control, custody, or management. This would include someone who has drugs in their purse or pockets. Construction possession refers to drugs that aren’t actually physically on you, but which you have control over. For example, drugs found in your home when it was searched.
The third type is joint possession, which involves a situation in which more than one person shares control of the drugs. For example, if a husband and wife live together and the police find drugs in their home, then they can both be charged with possession.
You can be arrested for drug possession even if you weren’t in possession of drugs
In some cases, innocent people are arrested for drug charges. For example, let’s say that a police officer stops a car and searches it. They find drugs in the car but they don’t know which of the four occupants they belonged to. One option is for the police to arrest everyone.
The prosecutor then must decide who to charge with drug possession. If no one admits to owning the drugs, then the prosecutor may charge them all and let a jury figure it out. Why? Because it’s easier and faster for the prosecutor and because they think there’s a good chance the people arrested will turn on each other.
The penalties for a conviction can be significant
California law does not go easy on most people convicted of drug crimes. The specific sentence will vary based on what drugs were found, how much was found, your criminal history, and whether or not there is evidence the drugs were meant for distribution. Thanks to Prop 47, if you’re found with a small enough amount that it’s considered personal use, then you may qualify for a charge as a misdemeanor instead of a felony.
There are also drug diversion programs available for some. Once the program is completed, then the drug charges are dismissed. This is a great option for first-time offenders or people who have a chemical dependency problem and need help.
No matter what the situation is, whether they were your drugs or not, if you’re charged with a drug crime then you need to work with a criminal defense attorney. Chambers Law Firm is here to help – just call us at 714-760-4088 for a free case evaluation.a
