Drug Possession Defense Lawyer
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The United States is waging war on drugs, and California is on the front lines. Drug crimes are often accompanied by harsh punishments in the Golden State, even for possession alone. The severity of the penalty depends on several factors, including:
- The amount of drugs in your possession
- The intent behind your possession
- The schedule of the drug
- The possession of drug paraphernalia
- The possession of loaded firearms
A skilled criminal defense attorney for drug possession can help lessen your sentence or allow you to avoid jail time. The Law Offices of Tabone has been practicing in Van Nuys, CA, for four decades, and we are happy to represent you in your drug possession case. Our experienced legal team will assess your case to determine your options for achieving a favorable outcome.
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At the Law Offices of Tabone, we have provided legal services for over 40 years. We are a trusted team of litigators who work tirelessly to defend our clients, some of whom have stuck with us for decades due to our dedication.
Facing serious drug charges is complicated and overwhelming, but having a capable criminal defense attorney for drug possession on your side can considerably help your case. Our lawyers have long-time experience with drug crime cases like yours and will represent you with respect and dignity. We are attentive to our clients and their concerns because we know that every situation is unique and deserves a personalized approach.
If you would like to schedule a consultation with an experienced criminal defense attorney in California, contact the Law Offices of Tabone by calling us at 818-785-5000.
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California offers drug offenders with minor possession charges the opportunity to participate in a drug diversion program instead of going to jail. If you complete the program, you could avoid conviction, making it a worthwhile option to pursue if you meet the following requirements:
- Non-violent offense
- No warrants or probation
- No prior felony conviction within the last five years
Finding an attorney knowledgeable about California’s drug rehabilitation programs is essential for achieving a better outcome in your drug possession case.
The severity of your crime increases depending on the type of drug in your possession. California has five schedules of controlled substances, ranging from the least dangerous Schedule V substances to the most dangerous Schedule I substances.
- Schedule I (Marijuana, Heroin, LSD, PCP)
- Schedule II (Cocaine, Methamphetamine, Fentanyl, Adderall)
- Schedule III (Ketamine)
- Schedule IV (Xanax, Ambien, Tramadol, Ativan)
- Schedule V (Lomotil, Robitussin AC)
If you are under 18, possession of any of the drugs above will usually result in drug rehabilitation and community service. However, subsequent offenses lead to harsher penalties. If you’re over 18, you will face jail time of up to a year and hefty fines depending on the drug and circumstances of your arrest.
Your drug possession charge could worsen significantly depending on your intent while carrying a controlled substance. Selling, transporting, and manufacturing drugs are more severe crimes in the eyes of the law than simply possessing a drug.
If you face a serious drug charge, you need an experienced criminal defense attorney for drug possession to provide you with a solid defense to lessen your sentence.
Selling or Transporting Drugs
California Health and Safety Code § 11352 outlines the laws regarding transporting and selling controlled substances. The code prohibits:
- Selling drugs
- Transporting drugs with the intent to sell
- Administering drugs to other people
- Giving drugs away (even to a friend)
If you violate this law, you could spend three to nine years in prison.
Manufacturing Drugs
You could face a drug manufacturing charge if you are involved with any aspect of producing a controlled substance, even for supplying the ingredients. A conviction for manufacturing an illegal drug is generally a felony accompanied by three to seven years in prison and up to $50,000 in fines.
If we are handling your criminal defense case, you do not have to go to court. In some cases, we may be able to have the case resolved without ever stepping foot in a courtroom. This is often done through a plea agreement with the prosecutor.
A felony drug charge can affect you for the rest of your life. You will struggle to find a job, take out loans, and vote in elections. Even low-level criminal charges could disrupt your livelihood due to fines, drug rehabilitation, community service, and incarceration.
California does not take drug cases lightly, but a criminal defense attorney can fight your charges with common defenses for drug possession. If successful, you could receive reduced jail time and fines or avoid the conviction entirely.
Typical defenses against drug crime include:
- Illegal searches and seizures
- Medical necessity, prescription
- Incorrect charge by law enforcement
- Not knowing that the drug is a controlled substance
- Not knowing the drug was in your possession
The prosecution must prove that you had the drug and knew it was an illegal substance. To charge you with selling, transporting, or manufacturing a drug, the prosecutors will need to provide proof of your intent. If you had substances used in drug production in your possession, a possible defense would be to assert that you had legal reasons for carrying them.
The Law Firm of Tabone and Associates has an experienced legal team that can evaluate your drug possession case to determine a sound defense. Typically, challenging the search and seizure of the drugs is your best chance of avoiding conviction. Your Fourth Amendment rights protect you from unlawful search and seizure by law enforcement.
Our criminal defense attorneys will use their extensive knowledge of California drug laws and defenses to help you overcome this ordeal.
Yes, the information you share will be confidential. This means that it will not be shared with anyone else without your permission.
If you have any additional questions, please call us at (818) 785-5000.