Drug possession is a serious crime that can lead to even more severe legal penalties and impacts on your reputation if you are convicted. Even a minor drug possession offense can result in a misdemeanor. Being charged with drug possession, whether felony or misdemeanor, could affect your ability to attain certain jobs and may result in harsher penalties if you receive a second conviction. However, being accused of drug possession does not mean all hope is lost. You can still defend your rights and interests by retaining the legal help of a San Diego drug possession lawyer who can help you build a strong defense for your specific case.
If you have been arrested for drug possession, one of the most important steps you can take is to immediately contact Bernal Law to discuss your case. When our San Diego drug possession lawyers discuss your case, we can launch a full investigation into your charges and decide what the best legal steps are for you moving forward. At Bernal Law, our drug possession attorneys in San Diego will work hard to protect your rights.
What Are Considered Illegal Drugs in California?
Whether you have been charged with possession with intent to sell, distribution of a large amount of drugs, or even simple possession, you may be facing serious charges if you have been found in possession of illegal drugs.
The drugs that California law enforcement has deemed illegal include the following substances:
- Opiates and opium derivatives including heroin, raw opium, opium poppy, poppy straw, morphine, oxycodone, hydrocodone, and codeine
- Cocaine base like crack cocaine and coca leaves
- Lysergic acid diethylamide, or LSD
- Peyote and peyote derivatives like mescaline
- Synthetic cannabis
- Anabolic steroids, including testosterone and human chorionic gonadotropin
- Dimethyltryptamine, or DMT
- Gamma-hydroxybutyric acid, or GHB
- MDMA, commonly called ecstasy
- Psilocybin, or mushrooms
Depending on the drug you were found to be in possession of and other details like your prior criminal record or how much of the drug you had, you could be facing a misdemeanor, a felony, or a charge that is considered a wobbler. A wobbler is a crime which can be charged as either a misdemeanor or a felony. In order for the prosecution to convict you for drug possession crimes, they must be able to prove the elements of the crime that took place. If they are unable to provide evidence, your San Diego drug possession lawyer may be able to help you get the charges being brought against you reduced or dropped altogether.
What Are Possible Legal Defenses for Drug Possession?
San Diego drug possession Attorney Pedro Bernal, Esq. has several years of experience in handling drug crimes, including those involving drug possession. The defense used in your particular case will depend on the specific circumstances of your arrest. However, some possible legal defenses after being charged with drug possession are as follows:
- Failure on the part of the police to comply with legal search and seizure rules
- An argument that the drugs either did not belong to you or you had no knowledge they were in your home or vehicle
- Mistakes made once the drugs were in the crime lab
- Missing drugs
- The drugs were planted
When determining what defense strategy may be best for your case, it is important to determine several issues that may be present in your case and help strengthen your defense overall. Important aspects to consider include:
- Did the law enforcement officer have reasonable suspicion to detain you?
- Did the law enforcement officer have probable cause to arrest you?
- Were you searched without a warrant in violation of your Fourth Amendment right against unreasonable search and seizure?
- Were there any legally recognized warrantless exceptions in your case?
- Was there a valid search warrant issued by the magistrate or judge in your case?
- Was there a defect in the chain of custody when the police officer handled the evidence?
- Was there a confidential informant involved?
To begin building your drug possession defense case, contact the trusted legal team at Bernal Law as soon as possible.
Retain the Help of a San Diego Drug Possession Lawyer Today
The types of drugs in your possession, the amount of the substance, and what your suspected motive was for the use of the drugs will have a profound impact on the charges filed against you. Regardless of the circumstances surrounding your case, hiring our proven San Diego drug possession attorney to handle your case is the best way to ensure you have a strong defense case. If you have been charged with a drug possession crime in San Diego, all hope is not lost for your case. Contact the legal team at Bernal Law to discuss the details of your case today by filling out our contact form or calling (619) 736-9092. Drug possession Attorney Bernal is also fluent in both English and Spanish.