Articles Posted in Possession of a Controlled Substance

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Have you or someone you know just been arrested for possession of cocaine in Orange County? If so, contact the attorneys at Wallin & Klarich now to learn about your legal rights.

Recently, Senator Mark Leno of San Francisco introduced a bill that would allow prosecutors to charge possession of heroin, cocaine and other hard drugs as a misdemeanor rather than a felony. The bill was a modest attempt at sentencing reform in light of the prison-overcrowding crisis. However, Governor Jerry Brown vetoed the bill, stating it was premature because the state is about to conduct a comprehensive review of the sentencing structure for all crimes.1

What Does Having Possession of Cocaine Mean?

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Several alternatives instead of jail exist for meth possession cases in Ventura. California Penal Code 1000 and Proposition 36 are two types of diversion programs that you may be eligible for.

Proposition 36 – California Penal Code Section 1210.1

Ventura%20Meth%20Criminal%20Defense%20Lawyers%20888-280-6839.jpg Proposition 36 (“Prop. 36”), which is defined under California Penal Code Section 1210.1, is a voter-passed law that allows judges to order you to enroll in a drug treatment program instead of jail time if you are convicted of meth possession in Ventura.

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If you are facing charges for cocaine possession in San Bernardino, your San Bernardino Wallin & Klarich attorney can help you avoid jail time by requesting you attend a drug diversion program. California Penal Code section 1000 (“P.C. 1000”) and Proposition 36 (“Prop. 36”) are two types of diversion programs that you may be eligible for.

Deferred Entry of Judgment – P.C. 1000

San%20Bernardino%20Drug%20Defense%20Attorney%20888-280-6839.jpg The Deferred Entry of Judgment (“DEJ”) program under P.C. 1000 allows a defendant accused of cocaine possession in San Bernardino to enroll in a drug diversion program instead of going to jail.

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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:

Los%20Angeles%20Possession%20of%20A%20Controlled%20Substance%20Defense%20Attorney%20888-280-6839.jpg1. You unlawfully possessed a controlled substance;

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Under California law, a person is recognized to have “possession” of a tangible object when they have personal charge or control of, or exercise the right of ownership or management over the tangible object.

It is important to understand that possession of a controlled substance in California may be actual or constructive. Constructive possession is not as straightforward as actual possession, but constitutes possession nonetheless.

“Constructive possession” can apply in situations where the controlled substance is not found on the defendant’s person (pockets, jacket, etc). Although there is no actual possession, constructive possession can occur if actual possession of the controlled substance can be inferred from the surrounding circumstances.

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California Health & Safety Code Section 11350 is a law that makes it illegal to possess various types of drugs as defined within the health and safety code.

In order to be convicted of possession of a controlled substance, the prosecution must prove that you unlawfully possessed a controlled substance, that you knew of its presence, that you knew of the substance’s nature or character as a controlled substance, what the controlled substance was, and that the quantity possessed was a usable amount. Possession means that a person has physical custody and control over the substance.

One of the many defenses to possession of a controlled substance is momentary/transitory possession. In order to successfully assert the defense of momentary/transitory possession, it must be shown that the defendant possessed the controlled substance only for a momentary or transitory period, that the defendant possessed the controlled substance in order to abandon, dispose of, or destroy it, and that the defendant did not intend to prevent law enforcement officials from obtaining the controlled substance. Of course, because every case is unique it is vital that you speak with an experienced criminal defense attorney about the particular facts of your case and any defense that may be available to you.

About Wallin & Klarich


Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.