Most people who call about a drug charge have never been in serious trouble before. They are worried about their job, their family and what a conviction could mean years from now. Those worries are reasonable, and there is often more room to work with than people expect.
Marcus E. DeBose has defended San Diego clients since 2001. He takes the time to learn what happened and why, looks closely at how the police found the evidence, and then tells your story to the prosecutor and the judge.
Simple possession or possession for sale
California treats these two charges very differently, and the line between them is not always as clear as the police report suggests.
- Simple possession means having a controlled substance for your own use. Since Proposition 47 passed in 2014, simple possession of many drugs is generally a misdemeanor for most people.
- Possession for sale means the prosecution believes you intended to sell. It is usually charged as a felony, and the consequences can be far more serious.
Prosecutors often try to prove intent to sell with circumstantial evidence: the amount, how it was packaged, a scale, cash, or messages on a phone. Each of those can have an innocent explanation. Challenging that inference can be the difference between a felony and a misdemeanor.
California law has also changed in recent years, and some repeat possession cases can now be charged more seriously than before. If you have prior drug convictions, ask Marcus how current law applies to you.
Drug diversion under Penal Code 1000
For many people facing a first possession charge, diversion is the most important part of the case. Under Penal Code section 1000, a person charged with certain drug possession offenses may be able to enter a program instead of going to trial. If the program is completed successfully, the charges are dismissed and the arrest is generally treated as if it did not occur.
Eligibility depends on the specific charge and your record. Marcus can review your situation in a free consultation and explain whether diversion, or another outcome that protects your record, may be available.
How the evidence was found matters
A drug case often turns on the search. Police generally need a warrant, valid consent, or a recognized legal exception before they search you, your car or your home. When a stop or search goes beyond what the law allows, your attorney may be able to file a motion asking the court to exclude the evidence.
Questions worth asking in almost every drug case include:
- Why were you stopped in the first place?
- Did you actually agree to the search, or did you just not object?
- Was the substance tested by a lab, and was it handled properly?
- Was the drug actually yours, or was it in a shared car or home?
Marijuana in California
Adults 21 and older can generally possess limited amounts of cannabis under California law. Charges can still arise from things like possession by someone under 21, unlicensed sales, or driving under the influence. If cannabis was involved in a traffic stop, see DUI defense.
Talk to an attorney before you talk to the police. You have the right to remain silent. Statements made to explain things at the scene often end up in the police report. Call Marcus at (619) 876-0992 first.
Protecting your record
Even when a conviction cannot be avoided, there may be ways to reduce its long-term impact. Many drug convictions can later be dismissed once probation is complete. Learn more about record sealing and expungement.
If you are facing a drug charge anywhere in San Diego County or southwest Riverside County, book a free consultation. Meet Marcus at the Mission Valley office, or talk by phone or Zoom. Hablamos español.