We Handle Criminal Cases in Santa Rosa, Napa, San Rafael, Lakeport, Ukiah, & Eureka
In late 2014, California voters passed Proposition 47, a dynamic statewide law that reduced many non-violent crimes to misdemeanors—including all cases of simple drug possession. Still, drug possession is a serious matter that requires serious legal attention. As the state is still grappling with the changes Prop 47 has brought to our justice system, those accused of these offenses need vigilant, dynamic counsel to ensure that their rights are protected.
At Ronald Dinan & Associates, our team has more than 150 years of combined criminal defense experience. We know that laws can fluctuate and understand how important it is for those accused of crimes to be shielded from maximum penalties. Those who come through our doors can rest assured that their counsel has a thorough understanding of all current statutes and that every possible defense avenue will be explored to its fullest extent.
Important Factors in Drug Possession Cases
California drug laws are complex and California Health & Safety Code 11350 HS provides definitions for a multitude of different circumstances. Effectively strategizing against a possession charge depends on a number of different, critical factors.
These factors include:
- The kind of substance found
- The amount of the substance found
- The intended use of the substances found
- The accused's criminal history (if any)
- The "type" of possession discovered by police (actual, joint, constructive, etc.)
- Any misconduct or mistakes made by law enforcement
While Prop 47 has made cases of simple possession a misdemeanor, these charges can also still be easily misconstrued by police and prosecutors as a more serious offense. For example, if you are found with drugs that look like they have been packaged for sale, a possession charge can quickly become a felony. That is why is so critical to have counseled you can clearly and aggressively assert the circumstances of your arrest in court.
For more information about the seriousness of your drug possession charge, possible defenses, of your eligibility for drug diversion programs in lieu of criminal consequences, then contact us to speak with our skilled criminal defense lawyers today.