Salinas Drug Possession Lawyer

Relentless Advocacy for the Accused in Monterey County

California has some of the toughest drug laws in the nation. While many other states have decriminalized and even legalized certain drugs, the possession of most controlled substances is still a serious offense in the Golden State. If you are convicted of drug possession, you could face significant fines, probation, and even incarceration.

At Lavorato & Scott, our Salinas drug possession attorneys understand what's at stake. We know that a conviction could turn your life upside down, and we are committed to fighting for a positive outcome on your behalf. Our team is prepared to put our extensive experience, resources, and skill to work for you.

Our lawyers are known for our aggressive approach. We will not back down from a fight, and we are not afraid to take on the prosecution in court. Whether you are facing a misdemeanor or a felony drug possession charge, we are ready to stand by your side every step of the way. We offer free initial consultations and contingency fees.

Call our office today at (888) 315-0588 or contact us online to request an initial, no-cost consultation with one of our experienced drug possession lawyers in Salinas. Se habla español.

What Is Drug Possession?

Drug possession is a criminal offense that involves the act of having control of or the ability to control a controlled substance. This is a broad definition and can include a variety of different scenarios.

For example, you could be charged with drug possession if an officer finds drugs on your person or in a bag you are carrying. You could also be charged with drug possession if an officer finds drugs in your car, home, or other property, even if you were not present at the time of the search.

What Are the Penalties for Drug Possession in California?

The penalties for drug possession in California vary depending on the type of drug involved, the amount of the drug, and the defendant's criminal history. In general, drug possession is a misdemeanor offense in California, but there are several exceptions to this rule.

Drug possession is a wobbler offense in California, meaning it can be charged as a misdemeanor or a felony. Generally, misdemeanor drug possession charges are reserved for those who possess small amounts of a drug for personal use. Felony drug possession charges may be filed if you possess a large amount of a drug, have a prior drug conviction, or were in possession of the drug with intent to sell it.

The potential penalties for drug possession in California include:

• Misdemeanor probation
• Up to 1 year in county jail
• Fines and fees
• Community service
• Drug counseling or a drug treatment program
• Driver's license suspension

While these penalties may not seem as severe as the penalties for other drug crimes, such as drug trafficking or drug manufacturing, a drug possession conviction can still have a lasting impact on your personal and professional life. You may face difficulty finding a job, securing housing, or obtaining a loan due to your criminal record.

Additionally, any drug conviction can have serious immigration consequences, including deportation. If you are not a U.S. citizen and are facing drug charges, it is crucial that you consult with a Salinas drug possession lawyer as soon as possible.

How Can a Drug Possession Attorney Help?

There are several defenses that may be available to you if you are facing drug possession charges in California. An experienced lawyer can help you determine the best defense strategy for your unique situation and work to build a strong case on your behalf.

Some common defenses to drug possession charges in California include:

• Unlawful search and seizure: The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. If the police obtained the drugs or other evidence through an illegal search or seizure, your attorney can file a motion to have the evidence suppressed. If the motion is successful, the prosecution may have no choice but to drop the charges against you.
• Unknowing possession: You cannot be convicted of drug possession if you did not know the drugs were in your possession. If you can demonstrate that the drugs were not yours or that you were unaware of their presence, you may be able to avoid a conviction.
• Constructive possession: To be convicted of drug possession, the prosecutor must prove that you had control of or the ability to control the drugs. This means that you may be able to avoid a conviction if the drugs were not found on your person or in your belongings. For example, if the drugs were found in a common area, such as the living room of a home you share with roommates, you may be able to argue that you did not have control of the drugs.
• Valid prescription: If you were in possession of a prescription drug, you may be able to avoid a conviction if you had a valid prescription for the medication. However, you can still be charged with drug possession if you were in possession of a prescription drug that was not prescribed to you.

These are just a few examples of the defenses that may be available to you if you are facing drug possession charges. An experienced Salinas drug possession attorney can help you identify the best defense strategy based on the specific facts of your case.

Can a First-Time Drug Possession Conviction Be Expunged?

If you are convicted of drug possession in California, you may be able to have your conviction expunged. An expungement will not erase your criminal record, but it will make it easier for you to obtain employment, secure housing, and obtain a loan. Additionally, an expungement can provide you with a sense of closure and peace of mind.

In order to qualify for an expungement in California, you must meet the following requirements:

• You have completed all the terms of your probation, including any court-ordered drug counseling or treatment programs
• You have not been convicted of any other criminal offense
• You are not currently facing any other criminal charges

If you are eligible for an expungement, our Salinas drug possession attorneys can help you navigate the process and advocate for your rights in court.

What Is the Statute of Limitations on Drug Possession Charges?

In California, there is a three-year statute of limitations on drug possession charges. This means that, in most cases, the prosecution has three years from the date of the alleged offense to file charges against you. If the prosecution fails to file charges within this time period, you cannot be convicted.

There are some exceptions to this rule. For example, if you were arrested for drug possession but were not charged, the prosecution may be able to file charges at any time. Additionally, if you are accused of drug possession while you are a fugitive from justice, the statute of limitations may be tolled, or paused, until you return.

It is important to remember that the statute of limitations is a complex area of law, and there are many exceptions and nuances. If you have been charged with drug possession, it is in your best interest to consult with an experienced drug possession lawyer in Salinas as soon as possible. An attorney can help you understand how the statute of limitations applies to your case and work to build a strong defense on your behalf.

Aggressive Defense, Proven Results

At Lavorato & Scott, we have a long track record of success. Our Salinas drug possession lawyers have successfully defended clients in all types of drug cases, including misdemeanor and felony drug possession cases. We are prepared to fight for you in and out of the courtroom. Our team will work diligently to build a strong defense on your behalf and advocate for your rights every step of the way.

Don't face your drug possession charges alone. Reach out to our firm today at (888) 315-0588 to request your free initial consultation. We are available to take your call 24/7.