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Drug Criminal Defense Attorneys
These crimes could be broken down to several categories: being under the influence of, possession, transportation, manufacture/cultivation, sales or possession with intent for sale. All of these crimes involve knowledge. If you had no knowledge that you were in possession of drugs or someone else was carrying narcotics in your vehicle, you may have a very good defense against these types of allegations. Most of these crimes carry some term of jail sentence; however some sentences may be diverted if the defendant enrolls into a drug treatment or rehabilitation program. H & S 11377, H & S 11357, H & S 11358, H & S 11359, H & S 11379, H & S 11379.5, H & S 11550, et al.
Mr. Nosratabadi has handled hundreds of drug cases and has been successful in dismissing, negotiating and resolving such cases with favorable outcomes for his clients. If either you or a loved one is accused of drug offenses you need an experienced attorney on your side to help you to avoid jail time. For a free telephonic consultation and evaluation of your case, please contact us at (714) 955-8365.
Possession of a Controlled Substance
If an individual has been charged with Possession of a Controlled Substance, he/she may be charged with violation of Health and Safety Code Sections 11350 or 11377. Most cases involve the possession of drugs like cocaine and methamphetamine. However, the above code sections also encompass substances like controlled medications (unlike over the counter medications).
If you’ve been arrested for knowingly possessing any type of controlled substance(s), the prosecution must prove that: 1) The defendant exercised control over the substance, or had the right to control an amount of the substance; 2) The defendant had knowledge of the substance’s presence; 3) The defendant had knowledge about the substance’s nature; and 4) The defendant possessed a usable amount of the substance.
The keyword in this offense is “knowledge”. In order for the prosecution to prevail in these types of matters, it must prove that the defendant had actual or “constructive” knowledge. In other words, although the drugs were not on your person, you knowingly exercised control over the right to control the drugs, through another individual. The prosecution must also prove that the defendant knew that the substance was a controlled substance.
Situations arise where the passenger of a vehicle hides his stash of narcotics under the driver’s seat without the driver’s knowledge or consent. The driver is then pulled over, his vehicle is searched, and he is later arrested for possession of a controlled substance. A defense attorney may cast doubt into the minds of jurors and the court by arguing that the passenger had easy access to the driver side and could have hidden his drugs behind the driver’s seat unbeknownst to the driver.
Possession of a Controlled Substance may be charged as either a misdemeanor or a felony. The maximum punishment for a misdemeanor is one-year in jail. Felony Possession of a Controlled Substance however is punishable by imprisonment for 16 months, two years, or three years in prison. A first or second time offender will likely be eligible for PC 1000 or Proposition 36 and avoid jail time altogether. If either you or a loved one is being investigated or is accused of Possession of a Controlled Substance, you need an experienced attorney on your side to help you to determine your eligibility for the above programs and avoid jail time. For a free telephonic consultation and evaluation of your case, please contact us at (714) 955-8365.
Possession of a Controlled Substance with Intent for Sale
In order for the prosecution to prevail in a case involving Possession of a Controlled Substance with Intent for Sale, it must prove that: 1) The defendant exercised control over the substance, or had the right to control an amount of the substance; 2) The defendant had knowledge of the substance’s presence; 3) The defendant had knowledge about the substance’s nature; and 4) The defendant possessed or purchased the substance with the intent to sell the substance. Much like Possession of Controlled Substance (See Possession of Controlled Substance above), the prosecution must prove that the defendant either had actual or constructive knowledge about possession of the drugs.
All Drug Sales Charges are Felonies and carry a maximum sentence of three to four years (depending on the charge) in state prison.
Mr. Nosratabadi recently negotiated a sales case to a misdemeanor possession of marijuana and helped the defendant to avoid jail time.
If either you or a loved one is being investigated or is accused of Possession of a Controlled Substance with Intent for Sale, you need an experienced attorney on your side to help you to avoid both jail time and registration as a narcotic offender. For a free telephonic consultation and evaluation of your case, please contact us at (714) 955-8365.
