Los Angeles Drug Possession Attorney
Drug Possession Lawyers - Specializing in Courtrooms in Los Angeles, San Fernando Valley, Van Nuys, Hollywood, Beverly Hills, Santa Clarita and Ventura County
Under California Health & Safety Code 11350 HS, an individual can be charged with a felony if they have unlawful possession of a controlled substance. This includes a wide variety of drugs such as: methamphetamine, crack, cocaine, cocaine base, ecstasy, GHB, heroin and prescription drugs such as codeine or vicodin. Simple possession of a controlled substance is sufficient to be charged under 11350 HS. The person does not have to be using, selling, or under the influence of the drug. However, the District Attorney's Office must prove, beyond a reasonable doubt, that the individual knew about and controlled the substance. The substance does not actually have to be on you when you are arrested....you can still be convicted if the substance was found in your car or house. A person convicted of "possession of a controlled substance" faces a penalty of up to 3 years state prison.
At Goldstein Law Group, we have been defending clients charged with "possession of a controlled substance" for over 46 years. Every individual has a constitutional right to be free from illegal searches and seizures. We have the experience to know how to challenge the DA on how the evidence was obtained. In a recent case in the Los Angeles Superior Court, Van Nuys Courthouse, Attorney Michael A. Goldstein was able to secure a dismissal of charges in a possession of methamphetamine case. Michael Goldstein filed a motion to suppress evidence to challenge the constitutionality of the detention and search of his client. At the time of the hearing, a deal was reached where client entered a plea to trespassing and received no jail time or community service.
In a prescription drug case in the downtown Criminal Courts Building, Michael's client was charged with felony possession of drugs. In the arrest report, LAPD officers claimed to observe a drug transaction between his client and the co-defendant and thereafter recovered vicodin. At the time of the preliminary hearing, Michael A. Goldstein presented evidence of a valid prescription which cast doubt on the observations made by law enforcement. Michael argued that this negated any need for our client to have to purchase drugs illegally and the charges were dismissed.
Possession Of A Controlled Substance - Sentencing Alternatives
Our law firm understands and pursues sentencing alternatives in all Los Angeles and San Fernando Valley Courts, if necessary. In many cases, drug treatment is considered more appropriate than jail time, especially for non-violent individuals with drug abuse problems. You may be eligible for one of three alternatives:
- Proposition 36: California's Substance Abuse and Crime Prevention Act, states: "Substance abuse treatment is a proven public safety and health measure. Nonviolent, drug dependent criminal offenders who receive drug treatment are much less likely to abuse drugs and commit future crimes, and are likelier to live healthier, more stable and more productive lives." This means that first and second time non-violent "simple drug possession" offenders are eligible to receive substance abuse treatment instead of jail time. It includes one year of outpatient, halfway house, narcotic replacement therapy, education classes and limited inpatient treatment, plus six months of aftercare treatment.
- Deferred Entry of Judgment (a.k.a. DEJ or Diversion): In this case, the defendant will plead guilty, but is not convicted. The case is put on hold for 18 months while the defendant must take a 6-month drug education class and avoid an arrest or conviction of another crime. The case is dismissed after 18 months and the felony charge is removed from their record.
Drug Court: Here, the client is involved in a "supervision-and-treatment" program. The program is usually separated into phases that offer the client more freedoms as they complete each phase. In some cases, jail time may be required. Once the client has completed the program, the case is dismissed. A statewide
study shows that drug courts provide substantial savings to the California criminal justice system by reducing prison and jail costs, victimization costs, and recidivism. First established in California in 1993, drug courts use a collaborative approach to justice and provide an alternative to incarceration for substance abusers.
Contact a Drug Possession Defense Attorney
If you have been charged with possession of a controlled substance, our narcotics attorneys have successfully defended hundreds of clients in all Los Angeles and Ventura County courthouses. it's crucial that you obtain experienced legal counsel right away. We have have over four decades of experience in drug possession cases. When you come to our offices, you will meet with an experienced, knowledgeable, and well-practiced Los Angeles drug possession attorney who can inform you of your rights, explain your best options, and answer any questions you may have. We will immediately begin preparing your case. Our number one priority is making sure you are not found guilty, and that you walk away from this experience with your rights and freedom intact!
To discuss your drug possession charges with a dedicated drug possession attorneys, please contact call our office today.