Possession of a Controlled Substance Defense
California Health & Safety Code 11350(a) HS addresses personal use possession or simple possession of controlled substances. This law makes it illegal to possess certain narcotics, including cocaine, heroin, and specific prescription drugs, without a valid prescription from a licensed medical professional. Violations can lead to serious legal consequences, including imprisonment, fines, and a permanent criminal record. Even possessing a small amount of these substances can result in significant penalties.
At The Law Offices of Arash Hashemi, we have been defending individuals accused of drug possession since 2003. With over 20 years of experience, Attorney Arash Hashemi meticulously examines each case, scrutinizes the evidence, and develops a strategic defense aimed at challenging the prosecution’s claims. Our firm understands the complexities of drug possession cases and is dedicated to protecting your rights and achieving the best possible outcome. Early legal intervention is critical. Addressing legal challenges promptly allows for the preservation of crucial evidence, mitigation of potential damages, and negotiation opportunities that may reduce or dismiss the charges. Seeking experienced legal counsel immediately can make a significant difference in the outcome of your case.
For those facing charges of possession of a controlled substance in Los Angeles, contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is committed to providing the support and strategic defense needed to navigate these serious charges.
Possession of a Controlled Substance under California Law
Controlled substances are drugs or chemicals regulated by the government due to their potential for abuse and medical use. California law classifies these substances to prevent illegal distribution and misuse while allowing legitimate medical and scientific use. California categorizes controlled substances into five schedules based on their potential for abuse and accepted medical use:
- Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD).
- Schedule II: High potential for abuse, accepted medical use with severe restrictions (e.g., cocaine, methamphetamine).
- Schedule III: Moderate to low potential for dependence (e.g., anabolic steroids, ketamine).
- Schedule IV: Low potential for abuse relative to Schedule III (e.g., Xanax, Valium).
- Schedule V: Lowest potential for abuse, limited quantities of certain narcotics (e.g., cough preparations with codeine).
Penalties for Possession
Being charged with possession of a controlled substance under § 11350(a) HS can result in severe penalties, reflecting the seriousness of the offense. These penalties can include:
- Imprisonment: Depending on the circumstances, you may face jail time. First-time offenders might receive probation, but repeat offenders or those caught with large quantities face harsher sentences.
- Fines: Significant financial penalties can be imposed, often reaching thousands of dollars. The exact amount can vary based on the specifics of the case.
- Probation: Even if you avoid jail time, probation terms can be strict, including regular drug testing, mandatory counseling, and frequent check-ins with a probation officer.
- Permanent Criminal Record: A conviction can result in a lasting criminal record, affecting employment opportunities, housing, and other aspects of your life.
How Prior Offenses Can Affect Penalties
- Enhanced Sentencing: Prior convictions can lead to longer jail sentences and higher fines. Judges often impose stricter penalties on those with a history of similar offenses.
- Ineligibility for Diversion Programs: First-time offenders might qualify for drug diversion programs, allowing them to avoid jail time by completing treatment. However, those with prior convictions are often ineligible for such programs.
- Three Strikes Law: Under California’s Three Strikes Law, prior felony convictions can lead to life sentences for repeat offenders, even if the current charge is not a violent crime.
Legal Defenses Against Possession of a Controlled Substance Charges
Unlawful Search and Seizure: One of the primary defenses in possession cases is demonstrating that the search leading to the discovery of the controlled substance was illegal. If law enforcement conducted a search without a warrant or probable cause, any evidence obtained during that search may be excluded from the trial. This can significantly weaken the prosecution’s case.
Lack of Possession: In some instances, you might be wrongfully accused of possessing a controlled substance. If you were unaware of the drug’s presence or it was found in a shared space, you can argue that you did not have control over the substance. Proving lack of possession can result in the charges being dropped.
Chain of Custody Issues: The prosecution must maintain an unbroken chain of custody for the evidence from the time it was seized until it is presented in court. Any breaks or discrepancies in this chain can cast doubt on the integrity of the evidence. Challenging the chain of custody can lead to the evidence being deemed inadmissible.
Prescription Defense: If you were in possession of a controlled substance legally prescribed to you by a licensed medical professional, this can be a valid defense. Providing documentation of your prescription can demonstrate that your possession of the substance was lawful.
Mistaken Identity: You may have been wrongfully accused due to mistaken identity. Evidence such as alibi witnesses, video surveillance, or other documentation can be used to show that you were not the person involved in the possession of the controlled substance.
Entrapment: If law enforcement officers induced you to possess a controlled substance that you would not have otherwise possessed, entrapment can be used as a defense. This involves proving that you were persuaded or coerced by police officers into committing the offense.
Procedural Errors: Challenging the legality of how evidence was obtained can be a strong defense. If law enforcement violated your rights during the investigation, such as conducting an unlawful search or seizure, the evidence obtained may be excluded from the trial. This can significantly weaken the prosecution’s case.
Lack of Evidence: The prosecution must provide sufficient evidence to prove all elements of possession beyond a reasonable doubt. A defense attorney can scrutinize the evidence, identify inconsistencies, and argue that the prosecution’s case is insufficient. If the evidence is weak or flawed, this can lead to an acquittal or dismissal of the charges.
Why Choose The Law Offices of Arash Hashemi for Your Possession Defense?
When facing possession of a controlled substance charges in Los Angeles, you need a defense attorney with extensive experience and a proven track record. Attorney Arash Hashemi has been an active member of The State Bar of California since December 2002. On his second day as a lawyer, Arash was already in court, participating in a bench trial. Over the years, he has handled a wide variety of criminal cases, from simple misdemeanors to complex felonies, including drug possession.
Arash has also represented thousands of Californians accused of violating their probation or parole and has argued cases before the California Court of Appeals. He is admitted to practice before all California State Courts and the United States District Courts for the Northern, Eastern, Central, and Southern Districts of California. Attorney Hashemi brings a wealth of knowledge, dedication, and a deep understanding of California’s criminal justice system to every case he handles.
Contact a Los Angeles Possession Defense Attorney
If you are facing charges for possession of a controlled substance, don’t wait to seek legal assistance. With over 20 years of experience in criminal defense, Attorney Arash Hashemi and his team are dedicated to providing professional, effective legal representation. We understand the serious implications of these charges and are committed to protecting your rights and future.
Schedule a Consultation:
Phone: (310) 448-1529
Email: Contact@hashemilaw.com
Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
Our office is conveniently located in the Westside Towers in Los Angeles, within minutes of Santa Monica, Beverly Hills, Westwood, and steps away from the Expo/Bundy Station. We have flexible hours and weekend appointments, and we will visit you in jail to discuss your case.
ADDRESS
11845 W Olympic Blvd #520, Los Angeles, CA 90064
OFFICE HOURS
Monday—Friday 8:30AM–5:00PM
CALL OUR OFFICE TODAY TO SCHDULE A CONSULTATION
(310) 448-1529