Santa Barbara Drug Crime Lawyers

State and Federal Law Enforcement Agencies Take Drug Offenses Extremely Seriously

There are many good people who have been swept up in the war on drugs merely because they suffer from an addiction. When you are charged with possession of a controlled substance, you can be subject to serious penalties that include incarceration in county jail or prison, significant fines, mandatory participation in drug treatment programs, probation and other adverse consequences.

A misdemeanor or felony conviction will remain on your criminal record, so that future employers, academic institutions, State of California licensing boards, professional licensing agencies and landlords discover your conviction.

A criminal record can cost you a job, a rental property, a loan and immigration benefits.

Possession is much broader in this context than ordinary conversation because it includes not only actual possession but also constructive and joint possession.

• Actual Possession: A defendant actually possesses drugs if he or she has immediate and direct physical control over the narcotics. This generally refers to the drug being on your person, clothing or an item of luggage.
• Constructive Possession: Although the drugs may not be on your person, you can be charged with constructive possession if the drugs are recovered from a location over which you have the right and ability to exercise control. If the drugs were in your storage locker, for example, this would constitute constructive possession if you were the party with the key to access the storage locker.
• Joint Possession: The police can charge multiple parties that share actual or constructive possession. If drugs are found in a married couple’s bathroom cabinet, for example, both spouses might be considered to jointly possess the drugs.

Contact Us for a Free Drug Charge Consultation: (805) 749-5670.

Defenses to Possession of a Controlled Substance under California Law

Many criminal cases involving charges of possession of a controlled substance are based on drugs, paraphernalia, cash and other evidence obtained in searches by law enforcement officers. Sanford Horowitz evaluates the facts used to obtain the warrant, the facial sufficiency of the warrant and the scope of the search to identify violations of clients’ 4th Amendment search and seizure rights. Law enforcement agents also might rely on unreliable informants looking to make a deal to improve their own situation.

If the prosecutor is seeking a conviction for possession of a controlled substance, the following elements must be proven beyond a reasonable doubt:

• The accused exercised control of the drugs or had the right to exercise such control;
• The accused had knowledge of the drug’s presence;
• The accused was aware that the drug was a controlled substance; and
• The amount of the drug was sufficient to be ingested or used as a controlled substance.

Some of the specific defense strategies that Sanford Horowitz Criminal Defense, P.C. might rely on in a simple possession case include:

• No Possession: Sometimes police will attempt to establish joint possession or constructive possession when the facts do not support such an inference.
• 4th Amendment Violation: There are a litany of reasons that a search might violate a defendant’s rights to be free of unreasonable search and seizure. The facts used to obtain the warrant might be false or distorted, so there is no probable cause to justify issuing the warrant. In other cases, the officers might exceed the scope of the warrant.
  For example, the officers might search in places that the warrant does not entitle the officers to look. In the case of warrantless searches, officers might improperly claim that exigent circumstances (emergency) or that consent for the search existed. Sanford Horowitz Criminal Defense, P.C. carefully analyzes all facets of a search in a drug possession case because exclusion of the drugs can mean a dismissal of all charges.
• No Knowledge: If you did not know you possessed the drug or that it was a controlled substance, you cannot be convicted of possession. If a person was arrested while wearing a friend’s jacket with no knowledge there were drugs in a hidden pocket, the accused would not have had sufficient knowledge to support a drug possession conviction.
  Similarly, a person who is asked to store a can of paint could not be convicted for possession if the accused had no idea that the can contained drugs rather than paint. Miranda Violations & Involuntary Confessions: If the key evidence in your case is a statement obtained in violation of Miranda protections or subject to coercion, this may be a basis to exclude the confession.
• Lawful Possession: If you have a valid prescription for a controlled substance, you cannot be convicted for possession provided your possession is consistent with the prescription. However, a prescription will not provide a defense if you used a fraudulent prescription, engaged in doctor shopping or possessed more drugs than authorized by the prescription.