San Bernardino Drug Possession Defense Attorneys

When facing drug possession charges, there are several potential defenses. One common defense is lack of possession, where the defendant did not have control over the drugs. In shared spaces like a vehicle or home, the defense may argue the accused didn’t know the drugs were there. Another defense is illegal search and seizure, which challenges evidence obtained without proper authorization, such as a warrant or probable cause.

Other defenses include questioning the validity of the evidence or claiming entrapment if law enforcement coerced the defendant into committing the offense. Since every case is unique, it’s important to consult with a skilled San Bernardino drug possession attorney to build a defense tailored to the situation.

Understanding the Impact of Drug Possession Charges on Your Future

Differences Between Drug Possession Charges and Other Drug Offenses

Possession vs. Distribution
The key difference between drug possession and distribution charges is the intention behind the possession.

• Simple Possession: This charge involves holding a controlled substance for personal use.
• Possession with Intent to Distribute: This charge is for having a larger amount of drugs, typically with evidence suggesting that the person plans to sell or distribute them (such as scales or bags).
• Drug Trafficking: This is the most severe form and involves the transportation and distribution of large quantities of drugs, often across state lines or international borders.

Possession vs. Paraphernalia
Possession of drug paraphernalia refers to owning tools or equipment associated with drug use, such as pipes, needles, or scales. While not directly involving drugs, paraphernalia charges are still serious and can lead to fines, penalties, and even jail time in some cases.

The Role of Drug Diversion Programs

Eligibility for Diversion Programs
Diversion programs are an alternative to jail time, offering offenders a chance to receive treatment or counseling instead of serving a sentence.

• First-Time Offenders: Many first-time offenders may qualify for a diversion program, especially for simple drug possession charges.
• Requirements: Typically, the defendant must meet specific criteria, such as showing willingness to engage in treatment or drug education programs.

Benefits of Completing a Diversion Program
Successfully completing a diversion program can have significant benefits, including:

• Reduced Sentences: For first-time offenders, it may reduce or eliminate jail time.
• Avoiding a Criminal Record: Some diversion programs allow charges to be dismissed after successful completion, helping individuals avoid a criminal record.
• Better Future Opportunities: Completing a program can show a commitment to recovery, which may positively influence future legal proceedings or employment opportunities.

California's Drug Sentencing Reform

Proposition 47
In 2014, California voters passed Proposition 47, which reduced penalties for certain non-violent drug offenses.

• Felony to Misdemeanor: Some drug possession charges, previously felonies, are now classified as misdemeanors, making the consequences less severe.
• Eligibility for Reduced Sentences: People previously convicted under the old law may be eligible for sentence reductions or reclassification of their charges.

Impact on Prior Convictions
Recent reforms, such as Proposition 47 and Proposition 64 (legalizing marijuana), have a direct effect on prior convictions.

• Reclassification: Offenders may seek to have prior felony convictions for drug possession reduced to misdemeanors.
• Sentence Modifications: These reforms can also affect sentencing for repeat offenders, reducing penalties in some cases.
• Ongoing Legal Changes: As California continues to reform drug laws, individuals with past convictions may benefit from ongoing changes that help reduce the long-term impact of a drug-related conviction.

Frequently Asked Questions (FAQ)

What is the difference between simple possession and possession with intent to distribute?

• Simple possession involves having a controlled substance for personal use, while possession with intent to distribute involves having drugs with the intention to sell or distribute them. The latter is considered a more serious offense with harsher penalties.

Can I be charged for drug possession if the drugs were not mine?

• Yes, you can still be charged if drugs are found in your possession or a shared space, like a car or home, even if they don't belong to you. Your attorney may argue lack of knowledge or control as a defense.

What is the penalty for a first-time drug possession offense?

• For a first-time drug possession offense, penalties can include fines, probation, or up to one year in jail, depending on the substance and the specific circumstances.

How can a drug diversion program affect my case?

• Drug diversion programs are available to first-time offenders and can offer treatment instead of jail time. Successfully completing a diversion program may help reduce charges or result in a more lenient sentence.

What is Proposition 47, and how does it affect drug possession charges?

• Proposition 47 reduces certain felony drug possession charges to misdemeanors, potentially lessening the consequences for individuals charged with possession of certain controlled substances.

What should I do if I’ve been arrested for drug possession?

• If arrested for drug possession, it’s important to remain silent and contact an experienced criminal defense attorney immediately. They can help you understand your rights and navigate the legal process.

Call Our San Bernardino Drug Possession Lawyers