Possession

Los Angeles Drug Possession Lawyer

Arrested for possession of a controlled substance in Los Angeles?

The state of California aggressively prosecutes drug offenses, even low-level offenses such as drug possession. If you were arrested and are now facing possession charges, a Los Angeles criminal defense attorney from our firm can step in and defend you. California drug possession laws are detailed in the Health and Safety Code § 11350 through 11356. The severity of your possession charges depends heavily upon the type and quantity of drug found in your possession as well as the intent behind the possession.

Anyone who possesses a controlled substance specified in the list of controlled substances, unless they have express authority or permission (such as a valid prescription), is in violation of California drug laws and can be charged with either a misdemeanor or a felony depending on the circumstances. If you are arrested for possession of a large quantity of narcotic drugs, then your charges may be elevated to possession with intent to sell or another more severe drug offense.

The severity of your drug crime depends heavily upon where the drug in question falls on the California drug schedule. There are five schedules of drugs; Schedule I is the most serious category while Schedule IV is the category containing drugs and substances with the least likelihood for abuse. Listed below is a sample of common drugs and what they are scheduled as:

  • Schedule I: Heroin, LSD and Marijuana
  • Schedule II: Cocaine, Methamphetamine and Ritalin
  • Schedule III: Vicodin and Tylenol with Codeine
  • Schedule IV: Xanax and Ambien
  • Schedule V: Lomotil and Lyrica

California Drug Diversion Programs

As an alternative form of sentencing, the state of California does allow for some low-level drug offenders, such as those charged with simple drug possession in small quantities, to enroll in a drug diversion program as an alternative to incarceration. Per the process known as Deferred Entry of Judgment (DEJ), drug offenders may be able to avoid being convicted of their crime if they successfully complete their drug diversion program. According to California penal code § 1000, a person may qualify for diversion if their offense was non-violent, has no outstanding warrants or incomplete probation and no prior felony convictions within five years prior to the alleged offense.

Possible Defenses Against Drug Possession Charges

Although a person may have been arrested and even charged with drug possession, they are innocent until proven guilty. There are many proven defenses that our Los Angeles drug possession attorneys could possibly use in your case. Some include:

  • You were the subject of an illegal search and seizure
  • You were not in actual possession of the drug
  • Charged with incorrect amount in possession

Contacting a Los Angeles Criminal Defense Attorney

Are you looking for a criminal defense lawyer who can represent you against your drug possession charges? Look no further than Martinian & Associates INC. This firm has a proven record of success and is experienced with both felony and misdemeanor drug crimes. Even simple possession could result in a lengthy prison sentence, fines, and community service. Felony drug possession charges also have the ability to seriously impede your ability to gain employment, vote, take out loans and more. When your criminal record, your future and your freedom are on the line, make sure you hire an attorney you can trust. Call a Los Angeles drug possession attorney at our law firm today to receive a free evaluation of your case.

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