Law enforcement officers and prosecutors have zealously pursued the so-called “war on drugs.” Unfortunately, people suffering with medical conditions like drug addiction have been swept up by the zeal to crack down on drug offenses even though the more appropriate response might be placement in a drug treatment program. However, California has provided valuable diversion options like PC 1000 and Prop 36 to redirect those struggling with addiction from jails and prisons to drug rehabilitation programs. At the Pomona Law Office of Danny Saleh, we aggressively defend against the full range of drug charges, including possession, transportation, sale and trafficking in both the state and federal courts of California.
While we often can effectively seek diversion for individuals facing drug charges, our first objective is to identify viable defenses that might justify dismissal of the charges or an acquittal after trial. Although no two drug cases are the same, our Inland Empire / Los Angeles drug crimes law firm is a fierce advocate of Fourth Amendment protections against unreasonable searches and seizures. Criminal defense lawyer Danny Saleh investigates the legal basis for initiating a police-citizen encounter, the grounds for a search warrant, the scope of the search, and the representations by officers in the warrant application to expose illegally obtained narcotics, drug paraphernalia, chemicals, and substances used in manufacturing and cultivation cases. Our law firm often files motions to suppress critical evidence, including the drugs discovered by the police which can result in a dismissal of the charges.
Comprehensive Defense of Drug Offenses Involving All Controlled Substances
Narcotics crimes defense lawyer Danny Saleh represents individuals charged with the full spectrum of drug offenses in California from simple possession to drug trafficking of large quantities. At my law firm, we provide individuals arrested for drug offenses in San Bernardino County, Riverside County, Orange County, and Los Angeles County with a vigorous defense against the full spectrum of charges, such as:
- Manufacturing (operation of methamphetamine labs)
- Cultivation (grow houses)
- Under the Influence of a Controlled Substance
- Simple Possession (includes both street drugs and prescription medications)
- Possession for Sale of Narcotics
- Possession of Methamphetamine
- Possession of Drug Paraphernalia
- Sale or Transportation of a Controlled Substance
- DUI Drugs
Our law firm handles drug cases involving all types of drugs and narcotics that include:
- Marijuana (cannabis, pot)
- Powder Cocaine
- Methamphetamine (crystal meth, speed)
- Ecstasy (MDMA)
- Opiates including prescription medications obtained or possessed unlawfully
- Psilocybin (Mushrooms)
Possession of a Controlled Substance in California
California Health and Safety Code Section 11350 makes possession of a controlled substance without a lawful prescription a criminal offense. A “controlled substance” is defined as including chemicals that are subject to regulation by the government under the United States Controlled Substance Act, including manufacturing, possession and use of such substances. While most people think of street drugs as the type of illegal narcotics that can result in a possession charge, the law also extends to prescription medications like oxycontin (oxycodone) and hydrocodone.
When a prosecutor attempts to prove a possession charge, the following facts must be proven beyond a reasonable doubt: (1) the accused exercised control or had a right to exercise such control over the drugs; (2) awareness of the presence of the narcotics; (3) knowledge the material was a controlled substance; and (4) sufficient quantity of the chemical for it to be used as a controlled substance. Many cases of possession are based on allegations of “constructive possession” when the drugs are not on the individual’s person. The prosecutor will argue that the drugs are within the control of a defendant, such as when the drugs are in his or her vehicle.
While each drug possession case will have its own unique set of facts, defenses that I might successfully use in your case include:
- Drugs are the subject of a valid prescription
- Unlawful search or seizure in violation of Fourth Amendment
- Lack of “possession” (i.e. no actual or constructive control)
- No knowledge of the presence of the substance or that it constituted narcotics
- Suppression of statements obtained illegally
The penalties for possession of a sufficient quantity to indicate an intent to distribute, manufacturing of narcotics, cultivation, transportation or sales can result in more serious penalties than simple possession. If you are arrested for a drug offense, you should seek prompt legal advice and decline to speak to the police without a lawyer.
If you are under investigation or have been charged with a violent offense in the Inland Empire / Los Angeles or surrounding areas of Southern California, Pomona drug crime defense attorney Danny Saleh offers a free consultation, so he can evaluate your situation and discuss your options. Contact us today to schedule your free consultation.