If you are accused of a drug crime in California then it is smart to contact a criminal defense attorney as soon as possible. When you contact Law Office of Michael L. Fell, we will start with a free legal consultation. If we decide to work together, we will immediately get started in our effort to create reasonable doubt that you have committed the alleged crime. Keep reading to discover the three elements that must be proven and then contact us at (949) 585-9055 to schedule your free legal consultation.

1. You Had Control Over the Substance

The prosecution must be able to prove that you were directly involved in the location of the drug and / or its distribution. If they cannot prove this then there are no grounds for a charge. You will note that there is not a requirement that the drugs actually be on your person or in your possession. It could be that the drugs are stored in a storage locker, but there is evidence that you put them there or facilitated them being put there, then you could face charges.

2. You Knew the Substance in Question Was a Drug

If you knew you had the substance but thought it was something else, then you are not guilty of a drug crime. Note that the prosecutor does not necessarily have to prove that you knew it was an illegal drug – they only need to prove that you should have had enough knowledge to know that it was. If we can show that you did not, then we have poked a very larger hole in the prosecution’s case.

3. You Knew the Drugs Were Illegal

Finally, the prosecution must prove that you not only knew they were drugs but that they were illegal. This is not generally a challenging element to prove if the drugs were heroin, but in the event of prescription drugs or other less-obviously illegal drugs, it can be more challenging. For example, let us say that you had a dozen bottles of pills but you did not realize that they required a prescription. Even though you are technically in possession of illegal drugs, you would not be guilty because you did not know the drugs were illegal.

Call a Criminal Defense Attorney for a Free Legal Consultation

If you have been accused of any drug crime then it is wise to contact a criminal defense attorney sooner rather than later. At Law Office of Michael L. Fell we can begin the process with a free legal consultation. We will go over the basics of your case, understand your point of view, and take the evidence into consideration. We can then offer our best legal advice on your best way forward. Call us now at (949) 585-9055 to get the process started.