Possession of a Controlled Substance in Los Angeles
California Health and Safety Code section 11350 makes it illegal to possess a controlled substance in Los Angeles without a valid prescription. It is important to remember that a controlled substance can constitute both illegal and legal prescription drugs. In order to convict you of possession of a controlled substance in Los Angeles, the prosecution must prove the following:
1. You unlawfully possessed a controlled substance;
2. You knew of its presence;
3. You knew of the substance’s nature or character as a controlled substance; AND 4. The controlled substance was of a usable amount.
Punishment for possession of a controlled substance in Los Angeles
You could face a long jail sentence if you are convicted of possession of a controlled substance in Los Angeles. According to California Health and Safety Code section 11350, possession of a controlled substance can be charged as a felony punishable by up to 3 years in county jail followed by a period of probation.
Defenses to a charge of possession of a controlled substance
Fortunately, there are a number of defenses that your Los Angeles Drug Possession Defense Attorney at Wallin & Klarich can raise on your behalf. These include:
• Lack of control or possession;
• Momentary possession;
• Lack of knowledge;
• Valid prescription; and • Failure to follow police procedures.
Each of these defenses may be raised depending upon the facts of your case. Be sure to hire a Criminal Defense Attorney at Wallin & Klarich to learn more.
Reduced sentencing for possession of a controlled substance in Los Angeles
Although the sentencing and punishment for possession of a controlled substance in Los Angeles can be severe, by using the defenses listed above, the experienced Los Angeles Criminal Defense Attorneys at Wallin & Klarich may be able to have your case dismissed. If the charges cannot be dismissed, your Wallin & Klarich Drug Defense Attorneys may convince the judge to impose no jail sentence and instead the court could:
• Place you on probation;
• Place you on probation and order you to complete community service, a work release program, and attend drug counseling or substance abuse classes;
• Place you on formal probation and assign you a probation officer; or • Offer you a drug diversion program and dismiss the charges against you once you complete the program. (See California Penal Code Section 1000) (link).
Finding the most experienced 11350 H&S Defense Attorneys in Los Angeles
If you are facing a possible jail sentence for possession of a controlled substance in Los Angeles, it is important that you contact an experienced Los Angeles criminal defense lawyer who is familiar with drug cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville West Covina, Torrance, and Sherman Oaks, the Criminal Defense Attorneys at Wallin & Klarich have successfully represented clients facing possession of a controlled substance charges for over 30 years. We are ready to help you now.
Call us today at (888) 280-6839. We will be there when you call.