Anyone arrested for a drug crime in California should contact a criminal defense attorney. Even if you feel that you were caught “red-handed,” even if you confessed, even if there is a video of the alleged transaction, you might be surprised by how we can help you. Contact Law Office of Michael L. Fell at (949) 585-9055 now to request a free legal consultation.
You Might Be Surprised to Learn What “Drug Possession” Really Means
If an officer finds drugs on your person, in your home, or in your vehicle, then you are guilty of drug possession – right? Not necessarily. The truth is that the prosecution must not only prove that the drug was in one of those places but that you exercised control over the drug, you knew the drug was there, you knew the drug was a drug, and you had enough of the drugs on you to use it. IF they cannot prove all of these elements then they do not have a strong case.
You Had a Valid Prescription
If the prosecution can prove all of the above described elements of drug possession, then you will need to consider other defense options. For example, if your drug was legally prescribed to you, then you are not guilty of drug possession. If you have Oxycontin, Vicodin, Xanax, or another prescribed drug, and you can prove you have a valid prescription, then you are not guilty of a crime.
Your Possession of the Drug Was Only Temporary
If you had drugs but only in an effort to get rid of them and stop someone else from illegally using or possessing them, then this could be your defense. Keep in mind that this can be difficult to prove, and that taking drugs to prevent police from finding them is not a good enough reason to use this defense.
A Plea Deal Might Be Your Best Option
If there is a wealth of evidence against you, then your best bet might be to plead guilty in exchange for a better deal. Your attorney will look at your case, the evidence, and your criminal background. You will then get an honest idea of what your options are. If you are going to face ten years if you are convicted, then taking a deal that maxes out at two years might be a great deal.
If you are facing lesser charges, then we might be able to find a creative sentencing option that could work for you. It could keep you out of jail, help you get help to avoid a future arrest, and keep you from having a criminal record. Call Law Office of Michael L. Fell now at (949) 585-9055 for a free legal consultation.