Drug Possession Attorney in Solvang, California

If you were caught with a controlled substance and any drug paraphernalia (“tools of the trade” such as a syringe, bong, pipe, or others) on your person or in a location you control (your home, vehicle, or business), you could be charged with drug possession. A conviction for drug possession comes with stringent penalties and harsh consequences that can impact nearly every aspect of your life.  

If you have been arrested for or charged with drug possession, you need a criminal defense attorney to combat the charges against you and protect your freedom. As a drug possession attorney in Solvang, California, I strive to achieve the most favorable outcomes for clients and lessen the impact of the charges. My law firm—Valhallaw—has served clients throughout the Central Coast region of California since 1996.  

What Is Drug Possession in California?

California’s Health & Safety Code § 11350 makes it a crime of drug possession to have, in the absence of a valid prescription, a controlled substance:  

• On your person (pocket, backpack, anywhere else on the body); or 

• In an area of your control (home, vehicle, office table, gym locker, etc.).  

You can be charged with drug possession if the offense involves a controlled substance such as cocaine, heroin, ecstasy, marijuana, methamphetamine, synthetic drugs, or even prescription medications without a legitimate prescription. The type and quantity of the controlled substance in your possession will affect the severity of the charges and potential penalties.  

What Does the Prosecution Have to Prove to Secure a Drug Possession Conviction?

The prosecution must establish the following elements to convict you of drug possession:  

1. You unlawfully possessed the controlled substance;  

2. You were aware of the fact that you were in possession of the substance;  

3. You knew that what was found in your possession was, in fact, a controlled substance; and 

4. You were in possession of a usable amount of the substance.  

Any amount of a controlled substance that can be used meets the definition of a “usable” amount. Even residue or traces of the controlled substance are often enough to be convicted of drug possession.  

Penalties for Drug Possession in California

Drug possession is a wobbler offense in the state of California. In other words, your drug possession charge has the potential to be classified as either a misdemeanor or a felony. The classification depends on the circumstances of the case. The more aggravating factors in the case, the more likely it is that the charge will be a felony.

Here’s how the penalties for drug possession differ depending on whether the charge is a misdemeanor or a felony: 

• Misdemeanor: Incarceration of up to one year in county jail, probation, and up to $1,000 in fines; or 

• Felony: Incarceration from 16 months to three years in county jail, probation, and up to $10,000 in fines.  

If that’s your first drug offense, the court may offer a drug diversion program instead of incarceration. The program allows certain first-time offenders to get treatment and education instead of spending time behind bars.  

• Note: The penalties mentioned above apply to simple drug possession convictions. If a large amount of drugs is found in your possession, your charge could be elevated to possession with intent to sell, which carries stiffer penalties, including up to five years in county jail and a maximum fine of $20,000.  

Defenses to Drug Possession Charges

Facing a drug possession charge—or any other drug-related charge, for that matter—can be an intimidating experience. You may be tempted to accept a plea bargain offered by the prosecution just to end the ordeal. However, before you do, why not discuss your options with a Solvang drug possession attorney?

At Valhallaw, I help clients facing drug possession charges make informed decisions about their cases so they can resolve them in the most positive manner possible. Some of the defense strategies that may be available when if you’re facing drug possession charges include: 

• Illegal search and seizure  

• Unlawful arrest 

• The drugs aren’t yours 

• Improper police procedures 

• Unwitting possession 

• Chain of custody issues 

• Valid prescription 

The specific defense strategy that I use in a client’s case depends on the unique circumstances involved. After you reach out to my office for a consultation, I will thoroughly review the facts of your case and explain the defenses that may be available in your specific situation.  

Drug Possession Attorney in Solvang, California

With your freedom and future at stake, it’s natural to feel terrified. However, when time is not on your side, you don’t want to just sit and wait for some miracle to happen. Unless you take control of the situation, it won’t happen. As a Solvang drug possession lawyer at Valhallaw, I can put my 25+ years of experience to work for you as soon as you give me a call.

My office is available to discuss your case 24 hours a day. From my office in Solvang, I serve clients throughout the Central Coast region of California, including Santa Barbara, Salinas, Los Alamos, Lompoc, Santa Maria, San Luis Obispo, Morro Bay, Paso Robles, King City, Greenfield, Carmel Valley, Watsonville, and Santa Cruz .