Drug Possession Charges

San Diego Possession Defense Attorneys

Drug PossessionThe Criminal Defense Attorneys at The Hullinger Firm, PC are Possession of Drugs Defense Attorneys. Our attorneys Dismiss Possession Charges, Reduce Possession Charges to Lesser Offenses and argue for Acquittal of Possession Charges in all San Diego Courthouses. If you or a loved one are facing Criminal Charges for Possession of Drugs call our office for a No-Obligation Legal Consultation. We offer superior representation for reasonable attorneys fees. Call us anytime at 619-649-2424 to schedule a Free Case Analysis.

What is the Crime of Possession?

Under California law, those who knowingly possess controlled substances or other illicit drugs are guilty of Possession.  In order to “Possess” something an individual need not touch or hold it.  This is because a person can have “constructive possession” over an object.  All that is required is that the person has custody or control or the right to control the object.  More than one person can possess the same object at the same time.

Possession Crimes We Defend

  • Health & Safety Code 11350(a) – Possession of a Controlled Substance
  • Health & Safety Code 11350(b) – Possession of Depressants
  • Health & Safety Code 11357(a) – Possession of Concentrated Cannabis
  • Health & Safety Code 11357(b) – Possession of Marijuana Under 28 grams
  • Health & Safety Code 11357(c) – Possession of Marijuana Over 28 grams
  • Health & Safety Code 11364 – Possession of Paraphernalia
  • Health & Safety Code 11370.1 – Possession of Controlled Substance While In Possession of a Loaded Firearm
  • Health & Safety Code 11377(a) – Possession of Non-Narcotic Controlled Substance
  • Health & Safety Code 11377(b) – Possession of Steroids
  • Health & Safety Code 11550(a) – Under the Influence of Controlled Substance
  • Health & Safety Code 11550(e) – Under the Influence of Controlled Substance While Possession of a Loaded Firearm

Possession is classified as either a misdemeanor or felony charge.  Depending on where the facts took place, status of the victim and whether weapons were used will determine the classification of the charge.

Penalties if Convicted of Possession

The penalties of a Possession charge in California can be stiff.  Depending on the circumstances of the case, an individual charged with possession may be facing the following consequences.

  • State Prison
  • County Jail
  • Court Fines and Fees
  • Registration as Narcotics Offender
  • Drug Programs/Rehab
  • Loss of Driver’s License
  • Probation
  • Permanent Criminal Record

With such steep consequences, no-one charged with Drug Possession should represent him or herself in court.  Our experienced attorneys can help you avoid many of the consequences of a Possession charge.

How Do You Beat Possession Charges?

California Criminal Law recognizes various defenses to Possession Charges that if properly prepared and presented will acquit the defendant of Criminal Drug Possession.   Whether a defense is applicable depends on the facts of each case.  Below are some of the most relevant defenses:

  • Defendant Had No Knowledge that Drugs Were Present
  • Momentary Possession of Controlled Substance
  • Defendant Had a Doctor’s Recommendation Under the Compassionate Use Act (Only Applicable to Marijuana Crimes)
  • Defendant Had a Valid Prescription for the Drug
  • Defendant had no Knowledge of the Nature of the Substance
  • Defendant Did Not Possess a Usable Amount
  • Statute of Limitations Has Passed
  • Police Conduct Amounted to Entrapment
  • The Government Cannot Prove what the Substance Is
  • Police Conduct Amounts to Unlawful Search or Seizure

A successful defense to Possession starts with a Confident and Competent San Diego Defense Attorney.  Our team of attorneys, paralegals and experts will prepare your case for negotiation or trial.

Diversion Programs

Many of our clients participate in a drug diversion program.  These are court sponsored programs that allow the individual charged with Possession to complete drug treatment in lieu of being criminally prosecuted.  Many times, after treatment is completed, the court will dismiss the charges entirely.  There are two main types of diversion in California.

  1. Penal Code 1000 Diversion
  2. Proposition 36 Diversion (Drug Court)

Our Attorney Advantage

A Drug Possession Charge can have serious consequences.  Hiring the right attorney may be the difference between a conviction and a dismissal.  Take back the Upper Hand.  Our defense attorneys are the best in the business:

  • A Skilled and Experienced Defense Team – We are the right team to defend a criminal charge.  We have successfully handled thousands of criminal cases and have satisfied clients all over California.  We know the law, procedure and practicalities of criminal litigation that can give you the upper hand in court.
  • Well-Known and Respected – We appear in the courts of San Diego every day of the week.  We are known by judges, prosecutors and our colleagues.  Our attorneys have a reputation for competent and effective representation in the area of criminal law.  We strive to achieve excellence on every case and have established a reputation for getting great results.
  • State of The Art Legal Practice – We are a 100% Paperless law firm.  All of our clients are given 24/7 access to everything in their case file.  Attorney notes, evidence, witness statements and motions are all scanned and stored digitally in an easy to navigate cloud-based system.  It’s encrypted to standards of the department of defense.  Rest assured that your file is safe, sound and available to you whenever you need it.

Learn More…

If you have been charged with any Possession charge, we offer a 100% free Consultation by calling 619-649-2424 or emailing us at attorneys@hullingerfirm.com.  Talk to one of our experienced criminal defense attorneys today and take back the upper hand.

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Scott Hullinger, Esq.

Scott Hullinger, Esq.

Criminal and Civil Attorney

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