possesion of a controlled substance

When a person is found to be in possession of an illegal substance, a lot of what happens next will depend on what type of substance that person possesses, as well as how much. Some cases are direct misdemeanors. For example, it is a misdemeanor offense to possess less than one ounce of marijuana under Health & Safety code section 11357(b). For other drugs, however, it’s usually not that cut and dry. Many drugs fall under the category of a “wobbler” offense. This means that depending on the amount of drugs in a person’s possession, the District Attorney’s office may file as a misdemeanor or a felony. Meanwhile, there are also those cases that are direct felonies. For example, possession of any amount of cocaine is an automatic felony. There is a drug schedule that specifically lays out rules which pertain to each type of drug and their quantities.

The crime of "simple possession" requires that a person knowingly and intentionally possessed an illegal/scheduled drug without a legitimate prescription. The government is required to prove that the offender knew that the drug was a controlled substance and that he/she had either actual possession of it or some other control over it. The penalties for drug crimes can be very severe. Again, the charges you may face will be based on quantity, intent to sell or distribute and other factors (such as personal use or intent to distribute, weapons possession or use, prior criminal history, etc.).

At WILL & WILL, LLP, our attorneys handle both state and federal drug crimes. Our lawyers are former prosecutors and career defense attorneys that are experienced and knowledgeable with the drug possession guidelines. We can help you understand the charges you are facing and the possible penalties that lie ahead. Call us or fill out our online contact form for a free consultation.