If you have been arrested in the Santa Clarita Valley on Drug charges you need a Drug Possession Defense Lawyer
Santa Clarita Drug Possession Defense Lawyer
How Do the Santa Clarita Criminal Courts Define Drug Possession?

The crime of possession under California Law is different than the way most people think
of the crime.  Many people believe they cannot be charged with possessing something
that is not theirs, however this is not always true.  The Penal Code defines the crime as
having two distinct elements 1). Is the element of knowledge, the person being charged
must have had actual knowledge of the presence and character of the illegal substance.  
2). Is the element of dominion and control, in other words, the individual arrested must
have had the ability to control the drugs or they were found in an area that was exclusively
theirs such as in their pants pocket or the trunk of their car.  As you can see, ownership is
not an element of the crime of drug possession.

How can the Police charge me with Possession for Sale?

The difference between a charge of simple possession of drugs for personal use and one
of sales is huge.  First of all, a sales allegation automatically makes the person ineligible
for drug diversion and Proposition 36,  second, the sales of drugs usually carries
mandatory jail if convicted.  The problem with the distinction is that it usually rests on a
judgement call by the cop making the arrest.  The law allows for the "opinion" of an expert
in this area and that is usually how the crime is proven.  The Courts will look at various
factors or "indicia" of sales in determining whether the charge can be proven.  For
example, how the substance is packaged, pay and owe sheets, large amounts of
currency, scales, etc.  We have been successful in many cases in challenging the sales
charge in Court.

I Have Been Arrested for Drug Charges, What Now?

When someone is arrested on a Santa Clarita drug charge it is common to feel anxiety,
fear and concern for their record.  The most common types of drug offenses are simple
possession, sales, manufacturing, intent to sell, attempted distribution, transportation,
conspiracy, among many others.  Criminal charges arising out of the arrest is a near
certainty.  Whether the charge is that of a misdemeanor or felony is dependent upon the
actions taken by the person's Lawyer at an early stage of the case.

Th local Santa Clarita Sheriff, CHP and other and Law enforcement merely make the
decision to arrest, the ultimate prosecution of the case is the responsibility of the District
Attorney.  Decisions as to the specific charge filed against a particular person can be
subject to negotiations between the prosecutor and counsel.  For example, in a recent
case our office defended, the Police Officer arrested our client for possession with the
intent to sell.  The District Attorney filed the sales charges against the client.  However, we
met with the actual prosecutor after we were retained and negotiated a simple
possession charge which resulted in the client being eligible for PC1000 drug diversion
and an ultimate dismissal of all charges in the Valencia Court.

The issue of whether jail time will be imposed is a real concern.  With the advent of
Proposition 36 and PC1000,  actual incarceration for some low level offenses can be
avoided.  However, sales charges and intent to sell allegations are specifically excluded.   
The bottom line is that what eventually happens to the individual is directly affected by the
defense presented by the person's attorney.  The help of an experienced Santa Clarita
Criminal Defense Lawyer is crucial to a positive outcome.

Some offenses such as marijuana possession in a motor vehicle can result in DMV
consequences and possible license suspension. An important factor in determining the
severity of the charge is the type and quantity of the illegal drugs involved. A major
consideration in determining the seriousness of a Santa Clarita drug charge is whether
the drugs are for personal use or for sale. A drug offense may be a felony or a
misdemeanor, depending on the quantity and type of drug found by law enforcement. A
couple of pounds of a illegal narcotics or drugs is certainly more serious than just a few
ounces, and a few ounces is more serious just than a few grams. Another very important
factor is whether or not you have a prior criminal record. Obviously, a past criminal record
could result in  more severe punishment than if the defendant had a clean or relatively
minor record consisting of misdemeanors or simple traffic infractions.

Some common drug violations involve methamphetamines, cocaine, heroin, marijuana,
and prescription narcotics or pills.  Over the years our office has successfully defended
transportation, intent to sell drugs allegations and virtually every type of serious felony and
misdemeanor drug crime.  We are experienced in car stop cases which occur on the
interstate 5 freeway and will aggressively challenge illegal searches and violations of our
client's constitutional rights.  We also fight DUI cases involving Drugs.

Contact our Santa Clarita Lawyer office for a free case evaluation today.  We can help in
getting a release from jail, go to Court with you or for you in some cases, and help to get
the charges dropped and keep your criminal record clean.  

If you would like a free consultation one-on-one with a real live local
attorney who can explain your options and possible defenses call us
today toll free 1-877-281-5010.