If you’ve been in the unfortunate situation of being detained for having illegal substances that weren’t yours to begin with, you probably feel frustrated. The prosecution is less inclined to trust it when it’s true because many people swear that the narcotics found on them weren’t theirs. If you find yourself in this situation, Simmons Wagner, LLP must assist you right away. Call us right away for a free legal consultation at (949) 439-5857.

Learn the Legal Definition of Drug Possession

Possession of drugs in California can actually indicate one of three things:

• Actual possession. This indicates that a person was in possession of, physically responsible for, in control of, or managing narcotics.
• Constructive possession. This indicates that even though a person didn’t have drugs on them personally, they were in a setting under their control. This might be the case, for instance, if narcotics are discovered in a house while the owner isn’t there.
• Joint possession. This applies to circumstances where multiple people are in charge of a drug. For instance, if a kilogram of heroin is discovered in a roommate’s kitchen, both people could be detained.

The Prosecution Will Have a Difficult Time Convicting You

In California, the prosecution must demonstrate knowledge of the narcotics as well as possession in order to convict you of drug possession. Furthermore, they must demonstrate that you had access to enough of the contested substance to use it, not just a trace amount that may have arrived from anywhere. It’s implausible that they could demonstrate all three circumstances if the medicines weren’t yours.

Penalties That Could Result from a Drug Possession Conviction

Of course, this is not something to take lightly. Several factors, such as the kind of drug you were allegedly in possession of, how much of it you were allegedly in possession of, any prior criminal histories you may have, and whether the prosecution believes the drugs were intended for sale, personal use, or distribution, could all have a significant impact on the potential punishment.

Prop 47, which downgraded various drug possession convictions to misdemeanors as long as the drug was considered for personal use, was approved in November 2014. The maximum punishment in this case is three years of unofficial probation, one year in county jail, and penalties. Drug diversion programs may be utilized instead in some circumstances.

You might be charged with a felony and face years in jail if you’re convicted of using specific narcotics or enough drugs to be regarded intended for sale or distribution. A criminal defense lawyer should be the second person you call, regardless of the charge or the likelihood of success. For a free legal consultation, call Simmons Wagner, LLP at (949) 439-5857 right away.