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Charged With Drug Possession? Contact Our Defense Attorneys.
Possession Of A Narcotic Substance In California
If you have been charged with a drug crime such as possession of a narcotic substance or possession of marijuana in or near Santa Ana, The Law Offices of Glew & Kim is available to evaluate your case. We invite your inquiry and we are ready to make it a high priority to meet with you, discuss the facts and prepare to develop an effective defense.Our general purpose in every drug crime case is to protect our clients’ constitutional rights as we fight for the best achievable outcome. In other words, we want to keep you out of jail and prevent a criminal record for you if at all possible.
Felony Or Misdemeanor? Actual Possession Or Constructive Possession?
Possession of an illegal substance may be classified as a felony or misdemeanor, usually depending on the quantities involved. Possession of a prescription drug such as OxyContin without a doctor’s prescription or not in a labeled container may trigger the same criminal charges and penalties as possession of so-called street drugs.In a possession of narcotics case involving heroin, cocaine, Ecstasy, a prescription drug or any other narcotic, the prosecution will operate under two theories:
- Actual possession – Actual possession means that you are in control of the substance, that law enforcement found the narcotic on your person.
- Constructive possession – Constructive possession is much harder to prove than actual possession. For example: You are in the car with three of your friends. You are pulled over, and your buddy Tony who is driving the vehicle has some narcotic substance on his person. Law enforcement then charges everyone in the car with a narcotics possession under constructive possession. However, law enforcement and the district attorney must prove that you actually had possession of that substance or were able to manipulate and control it.
- To have the case dismissed. This can be accomplished through motions, putting on a proper defense, and ultimately, you could have a trial. Acquittal will be the goal in the courtroom.
- Diversion. Most diversion programs would keep the charges off your record under California Penal Code 1000 or Proposition 36.
- If diversion and acquittal are not options, you can request a rehab program to avoid jail time.
