How to Fight Drug Possession Charges in San Bernardino
How you should fight drug possession charges if you’re arrested in San Bernardino depends on the situation. If the evidence is strong or you’re offered a lenient plea bargain agreement, you may not want to fight them. If the prosecutor isn’t realistic with a plea bargain offer or you have good defenses against the charges, fighting them makes more sense. Redlands drug possession defense Milligan Beswick Levine & Knox, LLP, protects our clients’ legal and Constitutional rights after their arrest. Here’s a short description of possible defense to drug possession charges.
If you face drug possession charges in San Bernardino or elsewhere in California, talk to an experienced Redlands drug possession defense attorney as soon as possible. Milligan Beswick Levine & Knox, LLP, California criminal defense lawyers have helped hundreds of defendants. Attorney C. Patrick Milligan earned his JD at Stanford University and has spent years defending California residents.
What’s a Controlled Substance?
There are relatively few things that you can possess that will result in criminal charges. They include controlled substances, which are some prescription medications and illegal drugs. Some of them include the following:
- Heroin
- Methamphetamine
- Cocaine
- LSD
- Ecstasy (MDMA)
- Prescription opioids (such as OxyContin and Vicodin) if you don’t have a prescription
California and the federal government put controlled substances in schedules, with the lower numbered ones being the most restricted, and their illegal possession carries heavier penalties.
What Types of Illegal Drug Possession are There in California?
State law differentiates between different types of possession, depending on what’s possessed, how much, and the apparent intent in the possession. They include the following:
- Simple Possession
Simple possession, or possession for personal use, occurs if you knowingly possess a controlled substance for your use without a prescription. This is generally charged as a misdemeanor (potential prison time is less than a year).
- Possession for Sale
Possession with intent to sell is a more serious charge. This can result from possessing large quantities of illegal drugs, scales, packaging materials, or large amounts of cash. This is usually charged as a felony (possible jail time of a year or more).
- Marijuana Possession
Though the state legalized recreational marijuana, the state still has a substantial illegal marijuana industry. Those 21 and older can possess up to 28.5 grams of marijuana or 8 grams of it in a concentrated form. More than that can result in fines or charges, especially if public use or minors are involved.
What Legal Defenses May Be Available for Charges Involving Illegal Drug Possession?
Your defenses depend on several factors, including:
- The facts of your case: Every case is unique. Milligan Beswick Levine & Knox, LLP, thoroughly investigates all of our cases to see what facts may indicate the police arrested the wrong person, our client didn’t violate the law, or the prosecution lacks enough evidence to carry their burden of proof (proving the defendant is guilty beyond a reasonable doubt)
- The law: You may not have been doing anything illegal, the prosecution is misinterpreting the law and trying to apply it to a situation that’s not appropriate, or the investigation or prosecution is violating applicable state law, or the state or federal constitutions
- Credibility: Witnesses against you are not credible. They have contradicted themselves or have reasons to state things about you that aren’t true. The tangible evidence against you may also not be credible. The facts show the drugs weren’t in your possession, the police didn’t handle them properly (the chain of custody), or what was supposedly in your possession wasn’t correctly tested
Some specific defenses include the following:
- The search and or seizure was illegal. The federal constitution protects you from unreasonable search and seizure of your property. If these rights are violated, evidence obtained may not be used against you, including other evidence developed from this illegally obtained material. An example could include evidence obtained unlawfully without a search warrant
- Another constitutional violation could be using statements you made after the point law enforcement should’ve warned you about your right to remain silent, that you have a right to have a Redlands drug possession defense attorney in your presence during questioning, and statements can be used against you
- Entrapment may be a defense if law enforcement induced you to commit a crime you wouldn’t have committed otherwise. This often comes up during “sting” operations where police create a situation where laws may be broken. They go too far and coerce or pressure people into breaking the law
- Law enforcement didn’t have probable cause to arrest you. There must be sufficient evidence of wrongdoing to legally justify taking you into custody. Generally speaking, it’s the presence of enough evidence to convince a reasonable individual a crime was committed
Successful defenses may result in charges being dismissed, or evidence against you could be suppressed. That may weaken the prosecution’s case enough for them to drop charges, which may be the end of the case, or the only charges left are relatively minor. In these situations, there may be a plea bargain agreement where you avoid a trial on these charges in exchange for pleading guilty and receiving a lenient sentence.
Work With an Established Redlands Criminal Defense Law Firm
The possession and use of illegal drugs are common in California. If you’re charged with unlawful possession, you may be surprised at how harsh the penalties may be. Depending on the facts and applicable law, you may have defenses that could result in charges being dismissed.
If you’re accused of illegal possession of drugs, discuss the situation with Redlands drug possession defense Milligan Beswick Levine & Knox, LLP, California criminal defense lawyer, so you understand the situation you’re in and make the best decisions possible. Schedule a consultation with us by calling 909-894-0812 – and get started with one of our experienced drug possession defense lawyers today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.