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
Schedule I: Heroin, LSD and
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.