What is Drug Possession?
Drug possession, or possession of controlled substances, is one of the more serious types of drug crimes. Possession with intent to deliver or sell a controlled substance is a crime with escalating penalties.
What are the consequences of a Drug Possession conviction?
The severity of the penalties depends on the drug involved, the quantity of the drug, and the offender’s prior criminal record, if any. Also, possession with the intent to distribute drugs can result in even more strict legal penalties. Sometimes possessing drugs over a certain amount automatically results in a presumption of an intent to distribute.
What are some defenses to a Drug Possession charge?
Depending on the nature of the charges, and the circumstances, there may be several possible defenses to drug possession charges, including:
- Unlawful or illegal search and seizure: Evidence cannot be submitted for trial if it was obtained illegally (for example, if the police did not obtain a valid warrant before the search was conducted),
- The drugs belong to another person: In some cases, this can work as a defense. However, it may also be possible for a person to be found guilty even if the drugs weren’t theirs,
- The drugs in possession were not actually a controlled substance: Some substances may look like drugs but are not illegal or controlled substances. A defendant may request chemical lab tests to prove that the substance was not a drug or controlled substance.
- Duress or Coercion: If you were forced to carry or hold drugs for someone else, this may serve as a defense (for example, if you were held at gunpoint and ordered to transport drugs).
Contacting a criminal defense lawyer in Los Angeles
If you are accused of drug possession, you should contact Ken Behzadi immediately to learn more about your rights, your defenses, and the legal system process.