There are many potential defenses to California drug possession charges.
In California, there are a variety of ways that a person can be charged with a drug offense, from simple possession to manufacturing to possession with intent to distribute. The majority of drug offenses involve simply possessing drugs, whether they happen to be a street drug or a prescription drug that is being used or taken illegally. In most cases, the amount a person has in their possession is relatively small, and is likely for personal use only. In these situations, it is possible to mount factual and legal defenses to the charges and potentially have the charges reduced or dismissed, or ultimately obtain a not guilty verdict at trial.
A skilled drug defense lawyer in Los Angeles, CA will investigate a drug offense thoroughly, examining every aspect of the police report to look for any evidence that the police may have committed an error, or for facts that show that you are not actually guilty of any crime. Based on the specific facts of your case, there may be strategies available that can help your attorney dispute the evidence that the state will use against you, or to attempt to have the charges dismissed based on violations of the law.
In some situations, the evidence in drug cases — the drugs themselves — has to suppressed or thrown out of court because the police did not obtain them legally. Under the United States and California constitution, you have a right to be free from unreasonable searches and seizures. If the police violate that right, such as by searching you, your home or your vehicle, without legal justification, then your drug defense lawyer in Los Angeles, CA may be able to use that fact to have the evidence suppressed. The law on searches and seizures can be complicated, so your attorney will need to fully review the police report and any audio or video recording of the incident to determine whether or not it was legally justified. There are exceptions to the requirement to have a warrant, such as if the drugs were in plain view or if you consented to the search.
There are also potential factual defenses to drug charges. Perhaps the drugs actually belonged to someone else, such as another passenger in the car who dropped them on the floor. Or maybe the crime lab committed an error when analyzing the “drugs,” and an independent laboratory showed that the “drugs” seized from you were not actually drugs at all. It may also be the case that you believe that the police planted the drugs on you. While this can be hard to prove, a knowledgeable drug defense lawyer in Los Angeles, CA can determine if this particular officer has a history of planting drugs on suspects and potentially make an argument that he or she did so in this case as well.
Ultimately, there are many ways to fight drug charges in California, particularly with the help of a skilled drug defense lawyer. In Los Angeles, CA, the Chambers Law Firm offers high-quality legal counsel to anyone accused of drug possession, manufacturing, possession with intent to distribute and all other drug-related crimes. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will aggressively defend you against all criminal charges, and stand with you through each step of the process.
