Los Angeles Drug Crimes Attorney Discusses Possession Charges and Defense | CBS Law

Are you facing a drug possession charge in Los Angeles? It can lead to serious consequences, from jail time to heavy fines. Our experienced drug defense attorneys explain California laws on controlled substances, possible penalties, and effective defenses.

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Transcript:
Hi, I'm Chris Bou Saeed, Los Angeles drug crimes attorney. Welcome to CBS Law, where we deliver results, not promises. Let's talk about some of the least consequential drug crimes you could be charged with. The most common are violations of Health and Safety Code section 11350 or 11377. These are just your possession whether it be actual so literally on you or constructive possession which means even though the controlled substance wasn't on you it was in a place you knew and you also had dominion and control over it. For example, center console of your car. Controlled substances are any substance that's listed as a controlled substance. For example, methamphetamine, cocaine, fentanyl, marijuana over a particular amount, prescription drugs not in your name. Those type of simple possession charges are misdemeanors, meaning upon conviction, the maximum term of imprisonment one could receive is up to 364 days in county jail. Now, there are various diversionary programs available for those charged with simple possession, and you should definitely have an attorney that is very familiar with those because if you're able to successfully complete a diversionary program, whether it be military diversion, mental health diversion, judicial diversion, or informal diversion, you can get those cases dismissed and your arrest record sealed. Let's talk about a more consequential type of drug crime you can be charged with, and that's possession of a controlled substance for purposes of sale or transportation of a controlled substance for purposes of sale. If you're charged with such a crime, the consequences are much more severe because now we're talking about felony violations of, for example, Health and Safety Code 11357, Health and Safety Code 11358, Health and Safety Code 11359. Those carry felony consequences. In other words, a low term upon conviction of 16 months in state prison, a middle term of two years in state prison, or a high term of three years in state prison, all servable at halftime. What distinguishes a possession for sales or transportation for sales with simple possession will be the existence in the cop's point of view of indisha or indicators that indicate this wasn't for personal consumption but rather for sales. Some of the most common indicators are one the amounts involved. If we're talking about pounds or kilos, the cop is going to opine that couldn't have just been for personal use. Second would be the existence of containers or baggies that would tend to be used by someone to distribute the controlled substance. Third would be if the person was caught with a large amount of currency like cash. That would seem to indicate they were involved in sales activity. Fourth would be if the cop observed a transaction or they were able to look through your cell phone and see communications related to sales or this was an undercover sting where oftentimes the police will pose undercover on various websites whether it be on the dark web or otherwise and basically set up a rendevous for the exchange of a controlled substance. Now, one of the more serious charges that could come related to drug crimes or a violation of Health and Safety Code 11370.1, that's possession of drugs and a firearm. That is a felony. It carries with it potential consequences upon conviction of a low term of two years in state prison, a middle term of three years in state prison, or a high term of four years in state prison. It's important, especially when charged with either simple possession, possession for sales or transportation for sales, or even possession of a controlled substance with a firearm if it involves a prescription and that prescription is valid. In other words, the prescription is in your name. A licensed medical professional prescribed you that controlled substance. you possess that controlled substance in alignment with your prescription and there aren't other indisha or indicators that you are seeking to sell that controlled substance. Those are really important potential defenses to that crime because it's lawful possession. The first element of any drug crime is the unlawful possession. And obviously, if you have a valid prescription and you're not seeking to sell the controlled substance that you've been lawfully prescribed, that would act as a complete affirmative defense