If you have been arrested for a drug offense in California, your future and reputation are on the line. Employers and educational institutions may hesitate about drug crime convictions, which can make it difficult to find work or training opportunities. Additionally, drug crimes hold a negative stigma in our society, which means that you may see your personal life and relationships impacted by your conviction. Furthermore, if you have children and are facing drug charges in California, social services may take them away from you.
Legal Defenses Against Controlled Substance Charges
Drug crimes can range from misdemeanors to extremely serious felonies under California’s laws, depending on factors like the type and amount of the drug involved. Typically, a drug offense that is specific to the defendant, such as simple possession, is considered less severe than a charge involving multiple people, the exchange of money, and/or violence.
Depending on the severity of the charge, the defendant may be facing a multitude of penalties, including prison or jail time, heavy fines, probation, community service, and/or mandatory rehabilitation. The severity of the consequences can also be impacted by the defendant’s criminal record. Therefore, first-time drug offenders may receive lighter jail or prison sentences than repeat or multiple offenders.
In some cases, there are alternative sentencing options that allow the offender to avoid incarceration. We will explore these options with the defendant wherever they are available. As a former prosecutor, attorney Ron S. Bamieh has extensive familiarity with the strategies of the prosecution, and therefore, knows how to argue a drug case effectively. There are numerous arguments our defense lawyers may be able to make, depending on your circumstances.
These include the following:
- The drugs were not yours. In many scenarios, you may have been completely unaware that the drugs in question even existed. For example, if the drugs were found in your apartment, they may have belonged to your roommate or a guest who accidentally left them there. The burden of proof then lies with the prosecutor, who must prove beyond a reasonable doubt that the drugs belonged to you.
- The police used unlawful procedures. Every citizen is protected from violations of privacy under the Fourth Amendment of the United States Constitution. With regard to drug offenses, search and seizure laws require police officers to have search warrants to search your house, car, or place of business. While drugs found in plain sight may be seized, if they were found after an unlawful search, an effective attorney can fight to have the charges dropped due to a violation of your rights.
- Inaccurate identification. Everyone makes honest mistakes, even arresting officers. An officer may misinterpret a substance on your person, in your car, or at your home for an illegal substance, that may actually have been something innocuous.
