
Learn What "Drug Possession" Really Means—You Might Be Surprised
You are guilty of drug possession if an officer discovers narcotics on you, in your house, or in your car, right? No, not always. The truth is that the prosecution must also show that you had control over the drug, that you knew it was there, that you knew it was a drug, and that you had enough of the drug on you to use it. This is in addition to showing that the drug was in one of those locations. They do not have a solid case if they cannot prove each of these things.
You Had a Valid Prescription
You will need to think about other defense strategies if the prosecution can establish all of the criteria of drug possession listed above. For instance, you are not guilty of drug possession if the drug you were using was legally prescribed to you. If you can show you have a legitimate prescription for Oxycontin, Vicodin, Xanax, or another prescribed medicine, you are not in violation of the law.
You Only Briefly Had Drug Possession on Your Person
This could be your defense if you just had drugs in order to get rid of them and prevent someone else from consuming or possessing them unlawfully. Remember that this can be challenging to show and that using drugs to avoid being caught by the police is insufficient justification for using this argument.
Your Best Option Might Be a Plea Agreement
Your best option may be to enter a guilty plea in exchange for a better deal if there is a ton of evidence against you. Your lawyer will consider your claim, the supporting documentation, and your criminal history. Then, you'll know the truth about your possibilities. Accepting an agreement that carries a maximum sentence of two years may be a fantastic deal if you are facing a ten-year sentence if you are found guilty.
We might be able to come up with a creative sentencing solution for you if you are facing less serious offenses. It might help you avoid getting arrested again, stay out of jail, and prevent getting a criminal record. For a free legal consultation, contact Law Office of Michael L. Fell at (949) 585-9055 right away.