It is a good idea to speak with a criminal defense attorney as soon as you can if you are charged with a drug crime in California. We will begin with a free legal consultation when you get in touch with Law Office of Michael L. Fell. If we agree to cooperate, we will start right away working to disprove that you are responsible for the claimed offense.
After learning about the three requirements for proof, call our office at (949) 585-9055 to arrange your free legal consultation.
1. You were in charge of the substance
The prosecution must be able to show that you had a direct hand in where the drug was found and/or how it was distributed. There is no basis for a charge if they are unable to establish this. You'll see that it's not necessary to have the medicines on your person or in your possession. Even if the narcotics are kept in a storage unit, if there is proof that you placed them there or assisted in their placement, you could still be held accountable.
2. You were aware that the involved substance was drug
You are not guilty of a drug offense if you were aware of the presence of the substance but mistook it for something else. It should be noted that the prosecution only needs to demonstrate that you should have had sufficient knowledge to know that the substance was illegal—not that you knowingly used it. If we can demonstrate that you didn't, we will have severely undermined the prosecution's case.
3. You were aware that drugs were illegal
Finally, the prosecution must show that you were aware that the narcotics were both prohibited and that you knew they were drugs. If the drugs were heroin, this would typically not be a difficult factor to prove, but if the drugs were prescription medications or other less evident illegal substances, it might be.
Let's imagine, for illustration's sake, that you had a dozen bottles of medicines but were unaware that you needed a prescription for them. Even though you technically have illegal narcotics in your hands, you are not guilty because you had no idea they were against the law.
For a free legal consultation, contact a criminal defense attorney
It is advisable to get in touch with a criminal defense attorney as soon as possible if you have been charged with any drug-related crimes. A free legal consultation is available to start the process at Law Office of Michael L. Fell. We will go through the fundamentals of your issue, comprehend your viewpoint, and weigh the available evidence. After that, we can recommend the best course of action for you legally. Call us right away at (949) 585-9055 to initiate the procedure.