Not only is drug possession one of the most commonly committed drug offense in Los Angeles County, but it is also the most frequently prosecuted. Possession of an illegal drug is a serious crime, one that can land you behind bars and cost you thousands of dollars in fines. While some people assume that possession is not as serious a crime as drug trafficking, the truth is that possession charges can land someone in jail or prison just as much as trafficking charges can. If you have been arrested for drug possession or possession of drug paraphernalia, you need to take the appropriate steps to protect your rights, freedom, and reputation. By contacting an experienced Los Angeles drug possession attorney, you can ensure your case is given the aggressive defense needed to help you in the legal goal of beating your charges.

Drug Possession for Personal Use

For most controlled substances, drug possession for personal use is charged as a felony. However, possession for personal use can be charged as a misdemeanor when the crime is marijuana possession; if the accused is arrested for being under the influence of a drug; or if the crime is for possession of drug paraphernalia such as scales, pipes, and bongs. A conviction for drug possession for personal does not require that the drugs be found on your person; you can be convicted of this crime if the controlled substance was found in your home, your vehicle, or in another place within your control.

Drug Possession for Sale

The sale or purchase of drugs with the intent to sell the drugs is a felony in California. In these types of cases, the prosecution must only prove that the accused intended to sell the drugs; an actual sale need not take place. Intent to sell can be proved by any of the following evidence:

• Scales
• Baggies and packaging supplies
• Large amounts of cash
• Conversations with police informants or undercover agents
• Address books, or some type of client list
• Wiretapped conversations
• Cell phones, pagers, or some other type of communication device
• Laboratory equipment for mixing chemicals

Prosecutors and law enforcement officials take all drug possession for sale charges extremely seriously, and will not hesitate to prosecute you to the fullest extent of the law. Without a well-practiced Los Angeles drug possession for sale defense attorney defending you in court, you will have a difficult time fighting your charges and avoiding a criminal conviction.

Drug Possession Legal Penalties

A drug possession charge may be a felony or a misdemeanor, depending on the quantity and type of drug found by law enforcement. The more of a substance you have, the more serious the charges and the legal punishment associated with the offense. A prior criminal record could result in a more severe punishment than if the defendant had a clean or relatively minor record consisting of misdemeanors.

Maximum penalties are often sought by the prosecuting attorney, and thus it is all the more important that your defense lawyer be skilled, experienced and aggressive in defending your case. Some of the penalties an individual convicted of a drug possession may face include:

• County Jail Sentence
• State Prison Sentence
• Seizure and Forfeiture of Assets
• Heavy Fines
• Probation
• Loss of Driver’s License
• Drug counseling
• Drug Treatment
• Community Service
• Register as Narcotics Offender

While the sale or distribution of an illegal drug is always a felony, the penalties for a conviction depend on the type of drugs involved and the quantity of drugs. In addition, certain factors can also lead to enhanced penalties, such as: selling or distributing drugs to a minor; selling or distributing drugs near a school or on a school campus; or involving minors in the sale or distribution of the drugs.

Drug Possession Alternative Sentencing

Some defendants in drug possession cases may be able to avoid jail entirely and complete a drug diversion course or drug rehabilitation program. In many cases, drug treatment is considered more appropriate than jail time, especially for non-violent individuals with drug abuse problems. The accused may be eligible for one of three alternatives:

• Deferred Entry of Judgment – In this form of alternative sentencing (also known as “DEJ” or “Diversion”), the defendant will plead guilty, but is not convicted. The case is put on hold for 18 months while the defendant must take a 6-month drug education class and avoid an arrest or conviction of another crime. The case is dismissed after 18 months and the felony charge is removed from their record.
• Proposition 36 – This program is available for first and second time non-violent “simple drug possession” offenders. If the offender qualifies, he or she will receive substance abuse treatment instead of jail time. It includes one year of outpatient, halfway house, narcotic replacement therapy, education classes and limited inpatient treatment, plus six months of aftercare treatment. Proposition 36 was created to give first time, non-violent, drug offenders an alternative to jail by allowing them to undergo probation and a drug rehab program.
• Drug Court – Drug Court is a “supervision-and-treatment” program which is usually separated into phases that offer the client more freedoms as they complete each phase. In some cases, jail time may be required. Once the client has completed the program, the case is dismissed.

Los Angeles Drug Possession Attorneys

If you have been charged with a drug possession crime in Los Angeles or surrounding areas, you need an experienced drug crimes defense attorney working on your side to ensure the best possible outcome of your case. Whether your possession case involves marijuana, cocaine, methamphetamines, ecstasy or MDMA, prescription drugs or another controlled substance, it is crucial that you have legal representation that knows how to fight in a courtroom and aggressively defend your case. The attorneys at The Chahine Law Firm have successfully defended countless clients throughout Los Angeles and surrounding areas who have been convicted of a drug manufacturing crime.

Our attorneys can negotiate with prosecutors to reduce, or even dismiss, the charges against you. While the ultimate outcome of your case will depend upon the circumstances involved, the drug crime attorneys at The Chahine Law Firm will demand that your legal rights are protected and fight for what is in your best interest. If you have been charged with a drug possession crime in the Los Angeles area, Contact the Drug Crimes Attorneys at The Chahine Law Firm today for your free case evaluation.