If you didn’t not actually possess drugs, you may be able to have the charge dismissed
Although California law has relaxed significantly in recent years in relation to marijuana, the state is still tough on crime when it comes to other controlled substances. Under California law, it is a crime to possess controlled substances, as defined by the federal government. These substances include all types of drugs, including heroin, cocaine, and opiates. In addition, California law prohibits the possession of certain prescription drugs without a valid prescription. This law covers the types of drugs that are frequently abused, such as codeine, oxycodone, and hydrocodone.
As a drug possession lawyer in Los Angeles can explain, a prosecutor must prove four key elements to demonstrate that you violated the law on possession of a controlled substance. First, you must have exercised control over the drug (or had the right to do so). Second, you had to have known of the drug’s presence. Third, you had to have known of its nature as a controlled substance. Fourth, there had to be a sufficient quantity of the drug to be used as a controlled substance.
The first element , possession, is the most important for the subject of today’s blog. Possession can mean three different things in California criminal law: actual possession, constructive possession, or joint possession.
Actual possession means exactly what it sounds like — you actually possess the controlled substance. In other words, you have immediate physical control over it. In most cases, the drug is on your body, on in your purse, bag or briefcase. If you had actual possession of a drug, then it will be difficult to argue that you did not possess it.
Constructive possession is a bit different. It means that although the drugs were not found on you, they were located in a place where you exercise control (either directly or through another person). For example, if your drugs were stashed in your nightstand drawer, then you could be said to have constructive possession over them. Note that just because you have access to controlled substances does not mean that you have constructive possession over them. For example, if your spouse keeps cocaine in a drawer in his workshop in the garage, that does not necessarily mean that you have constructive possession over that controlled substance.
Finally, joint possession occurs when you and at least one other person share possession over something (either actual or constructive). In the garage example above, if you knew about the cocaine and allowed your husband to keep it there, you could be charged with joint possession.
So when can lack of possession be a defense to a possession charge? It all depends on the facts of the case. Remember that in order to charge you with possession of a controlled substance, the prosecutor has to be able to prove that you possessed it in one of the three ways described above. If they cannot do that, then the charge cannot stand. For example, consider a situation where you are pulled over by the police and they order you out of the car. If the police claim that they found something on the side of the road that must have fallen out of your pocket — a baggie of pills — they will have to prove that you actually possessed it. If you never had actual or constructive possession over the drugs, then your drug possession lawyer in Los Angeles will argue that the charge must be dismissed.
If you have been charged with drug possession, you will need an aggressive advocate to defend your rights and your freedom. The Chambers Law Firm can help. With experience as a prosecutor and a private defense attorney, Dan E. Chambers has the knowledge and skills to obtain the best possible outcome for his clients. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
