Drug Possession

Drug Possession Defense Lawyer in Dublin, CA

Former Prosecutor on Your Side in the Tri-Valley Region

California law makes it unlawful to possess any of its controlled substances such as heroin, cocaine, methamphetamine, and more. The same statute outlaws the possession of medical drugs obtained or distributed without a valid prescription. “Simple” possession commonly refers to small quantities which you have obtained for your own personal use and is the lowest-level offense. However, if you are found in possession of higher quantities, you may be charged with a more serious offense which includes the intent to distribute.

No matter what the circumstances of your drug possession charge, it is important to ensure that you are well-represented throughout the criminal process. Drug crimes can be aggressively prosecuted in the criminal courts; you need to ensure that your defense is equally aggressive and dedicated to pursuing what is in your best interests. The Law Office of Christopher A. Lamiero offers one-on-one legal representation from a former prosecutor with more than 30 years of criminal law experience. Having a former prosecutor handling your case is a distinct advantage in that your attorney will know what to expect and how to devise an effective and personalized defense strategy.

Arrested for Marijuana Possession in California ?

The recreational use of marijuana has been legalized in the state but only for personal use. You are now legally able to possess up to one ounce of marijuana or eight grams of THC concentrates. It remains illegal, however, to possess larger quantities. You can be arrested and charged for possessing more than the legal amount as stated above, possessing any amount if you under 21, or possessing it while on the grounds of a school while it is in session.

If you are over the age of 18 and found in possession of more than the legal amount, you can be charged with a misdemeanor punishable by up to six months in jail and/or a fine of up to $500. Those under 18 will face an infraction leading to mandatory drug counseling and community service.

Reach out to our Dublin drug possession defense attorney at (925) 259-3337 or through our online request form today.

Drug Possession Charges in California

Simple possession of an illegal narcotic or prescription drug is generally charged as a misdemeanor punishable by up to a year in jail and/or a fine of up to $1,000. In lieu of jail time, you may be granted a probation sentence. Possession may include being found with the controlled substances mentioned above as well as with LSD, ecstasy, Adderall, oxycodone, hydrocodone, Xanax, and others. In these cases, the charge is “possession of a controlled substance.” The prosecutor must prove all elements of the crime beyond a reasonable doubt to obtain a conviction.

Other drug possession charges can include:

  • Possession for sale of illegal drug
  • Possession of drug paraphernalia
  • Sale or transportation of illegal drugs

Factors that will make your drug possession charge more serious include the type of drug found, how much of it was found, whether you have any prior criminal convictions, and aggravating factors such as whether minors were involved or the use of weapons. In these cases, you will likely be facing more substantial penalties.

Understanding California's Drug Possession Laws

Being charged with drug possession in California can have serious consequences, including jail time, fines, and a criminal record. It's important to understand the state's drug possession laws and how they may apply to your case.

In California, drug possession is typically charged as a misdemeanor or felony, depending on the type and amount of drugs involved. Possession of certain drugs, such as heroin or cocaine, may result in more severe charges than possession of marijuana.

It's also important to note that California has decriminalized certain drug offenses, including possession of small amounts of marijuana for personal use. However, possession of larger quantities or intent to sell can still result in criminal charges.

Why You Need a Drug Possession Defense Lawyer

Whether you are facing misdemeanor or felony drug possession charges, it's crucial to have an experienced defense lawyer on your side. At The Law Office Of Christopher A. Lamiero, we understand the complexities of California's drug possession laws and can provide the aggressive defense you need to protect your rights and future.

Our former prosecutor has unique insight into how the prosecution builds its case and can use that knowledge to your advantage. We will work tirelessly to investigate the circumstances surrounding your arrest, challenge any evidence obtained illegally, and negotiate with the prosecution for a favorable outcome.

Don't let drug possession charges ruin your life. Contact us today to schedule a consultation and discuss your case with a skilled drug possession defense lawyer.

Ready to Protect Your Rights & Future Today

Our firm is prepared to fully investigate any charges brought against you and to aggressively fight for your legal rights and best-case scenario outcome. Drug possession charges may be “simple” or more complex but, regardless of the circumstances, you will have a committed advocate in your corner throughout the entire legal process.

Get the help you need. Phone our office at (925) 259-3337 to book a free, initial consultation. 

Commonly Asked Questions

What are the legal consequences of drug possession in California?

The consequences for drug possession can vary depending on the type and amount of the controlled substance found. Generally, simple possession is charged as a misdemeanor punishable by up to one year in jail and/or a fine of up to $1,000.

Can I be arrested for marijuana possession in California?

Yes, you can be arrested for possessing more than one ounce or eight grams of THC concentrates if you are over 21 years old. If you are under 18, possessing any amount will result in an infraction leading to mandatory drug counseling and community service.

What other types of drug possession charges are there?

Other types of charges include Possession for Sale of Illegal Drug, Possession Of Drug Paraphernalia, Sale or Transportation Of Illegal Drugs.

What should I do if I have been charged with a drug offense?

It is important that you seek legal representation from an experienced attorney who understands criminal law and knows how to aggressively defend your rights. The Law Office Of Christopher A. Lamiero offers personalized representation from a former prosecutor with 30 years experience.

Can my charge be dismissed if it's my first offense?

Dismissal of charges for a first offense depends on various factors, including the specific circumstances of the case, the defendant's criminal history, and the discretion of the judge. It is advisable to consult with a criminal defense attorney to understand your options.