How to Defend Yourself Against False Drug Charges

An attorney can develop a defense to prove that the drugs were not yours.

How to Defend Yourself Against False Drug Charges

Even as California has become more liberal when it comes to marijuana use, it is still illegal to use most types of drugs recreationally. This includes heroin and other opiates, cocaine, methamphetamine, and a range of other street and prescription drugs. Charges for drug possession are incredibly common, particularly as the state continues to struggle with the opioid epidemic that has swept the country.

Yet there are situations where a person is charged with drug possession and the facts simply do not support the charge. One frequent scenario involves the police finding illegal drugs, and deciding to arrest someone for them — even if that person isn’t necessarily the owner of the drugs. If you are charged with drug possession for drugs that aren’t yours, an argument of “but they aren’t even mine” probably won’t hold up in court. Instead, you’ll need a skilled drug defense lawyer Los Angeles, CA to help you formulate a defense to the charges.

How do these types of charges originate? It can happen in any number of ways. A friend might leave a baggie of pills in your car, or borrow your jacket or bag and leave drugs behind. Or perhaps your roommate leaves drugs in a common area, and the police need to pin the drug possession charge on someone — and you happen to be the only one home when the police knock. Unless you can point to the real owner of the drugs, you will likely be charged with drug possession, and may have a difficult time fighting back against the charges…unless you hire a top notch drug defense lawyer Los Angeles, CA.

If you are arrested for drug possession, the best course of action to take is to inform the police that you want a drug defense lawyer Los Angeles, CA. Only give them your basic information, such as your name. After that, exercise your right to remain silent, no matter what the police say or do. Wait quietly until you can speak to your attorney. Do not accept any deals or sign any statements until you can speak with your drug defense lawyer Los Angeles, CA.

Importantly, with any California drug possession case, the prosecutor is required to prove that the drugs belonged to you through either actual or constructive possession. Actual possession means that the drugs were in your direct or actual possession, such as in your bag or pocket. Constructive possession is when the drugs were not on your person, but within your control, such as in your glovebox.

Your attorney can use the fact that the prosecutor has to prove possession to your advantage if you didn’t actually own the drugs. For example, if other individuals had access to the area where the drugs were, such as on the dining room table of a shared home, that makes it difficult for the prosecutor to prove constructive possession. Similarly, if a friend borrowed your coat and you were unaware that the drugs were in your pocket, your attorney could use that as a defense. Finally, if the police conducted an illegal search, that could be a basis to suppress all evidence seized.

While drug possession cases can be complex, the legal professionals of the Chambers Law Firm have substantial experience handling these types of offenses. We will fight hard to protect your rights and to avoid a wrongful conviction. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a seasoned drug defense lawyer Los Angeles, CA.

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