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Understanding Drug Possession Laws in Los Angeles

Drug possession charges in Los Angeles vary depending on the type and amount of the substance at issue. Simple possession is usually a misdemeanor, while possession with intent to sell is a felony with more severe penalties. Convictions can lead to jail time, fines, and probation.

Beyond legal penalties, a conviction may also have collateral consequences, including difficulty finding employment, housing restrictions, loss of professional licenses, and immigration issues for non-citizens.

If you are currently facing a drug possession charge, a skilled drug crimes lawyer in Los Angeles can help by challenging evidence, negotiating plea deals, or seeking dismissal through diversion programs. Attorneys can argue unlawful search and seizure, lack of possession, or other defenses to protect your rights. If you are facing one of these charges, securing experienced legal representation is important to achieving the best possible outcome for your case.

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Possession with Intent to Sell

Possession of a controlled substance with the intent to sell is a more serious offense under Health and Safety Code 11351 (for drugs like heroin and cocaine) and 11378 (for methamphetamine). To secure a conviction, a prosecutor must establish:

• The defendant possessed a controlled substance.

• The defendant knew of its presence.

• The defendant knew it was a controlled substance.

• The defendant intended to sell it. This intent is often proven with circumstantial evidence, such as large quantities of drugs, packaging materials, scales, or cash.

Possession of Drug Paraphernalia

Possession of drug-related items, such as pipes or syringes, is illegal under Health and Safety Code 11364. To convict, the prosecutor must prove:

• The defendant possessed an item used for drug consumption.

• The defendant knew that the item was used for drug-related purposes.

Potential Penalties Upon Conviction for Drug Possession Charges in Los Angeles

Drug possession offenses in Los Angeles carry a range of legal penalties, depending on factors such as the type of drug, the quantity, and whether the person intended to sell it. California law distinguishes between simple possession and possession with intent to sell, with the latter carrying harsher consequences upon conviction.

Simple possession refers to having a controlled substance for personal use. Under Health and Safety Code 11350, possessing drugs like cocaine, heroin, or prescription medications without a valid prescription is illegal. Health and Safety Code 11377 covers methamphetamine and similar substances.

A conviction for simple possession is typically a misdemeanor, punishable by:

• Up to one year in the county jail

• Fines

• Probation, which may include drug treatment programs

For some first-time offenders, California law allows diversion programs that, if completed, can lead to a dismissal of the charges.

Possessing a controlled substance with the intent to sell is a more serious crime. Health and Safety Code 11351 applies to drugs like heroin and cocaine, while HS 11378 covers methamphetamine and similar substances. This offense is charged as a felony and can result in the following upon conviction:

• Several years in state prison

• Higher monetary fines

• Formal probation, in some cases

Unlike simple possession, drug diversion programs are not available for those convicted of possession with intent to sell.

Since Proposition 64 legalized recreational marijuana, adults 21 and older can possess up to one ounce of marijuana or eight grams of concentrated cannabis. However, possessing more than the legal limit or being under 21 while in possession can lead to the following penalties upon conviction:

• Fines

• Drug education courses for minors

• Possible jail time for larger amounts

Possessing items like pipes or syringes is a misdemeanor, carrying penalties such as:

• Up to six months in a county jail

• Fines

• Probation

Los Angeles enforces drug possession laws seriously, and penalties can vary based on an individual’s criminal history and case circumstances.

Potential Collateral Consequences of a Los Angeles Drug Possession Conviction

A drug possession conviction in Los Angeles can lead to more than just legal penalties like jail time or fines. Even after serving a sentence or completing probation, individuals may face collateral consequences – or long-term effects that impact different aspects of life. These consequences can make it difficult to find employment, secure housing, or even continue education.

First, a drug possession conviction can appear on criminal background checks, making it harder to find a job. Many employers hesitate to hire individuals with drug-related offenses, especially for positions requiring trust, responsibility, or professional licenses. Some industries, like healthcare, education, and law enforcement, have strict regulations that may prevent individuals with drug convictions from obtaining the necessary certifications.

Additionally, many landlords conduct background checks before renting to tenants. A drug possession conviction may result in a denied rental application, as property owners may see a drug-related offense as a risk. Additionally, federally subsidized housing programs have strict rules, and a conviction can make someone ineligible for assistance.

Students with drug possession convictions may face challenges in securing financial aid. In the past, federal student aid eligibility could be suspended due to a drug conviction, though recent changes have reduced this restriction. However, some private scholarships and universities may still consider criminal history in admission decisions.

Non-citizens convicted of drug possession can face severe immigration consequences, including deportation or being denied entry into the United States. Drug-related offenses are taken seriously under immigration law and can lead to a person being classified as inadmissible or removable.

Moreover, many careers require professional licenses, including those in medicine, law, and real estate. A drug possession conviction can lead to suspension, revocation, or denial of a license, affecting an individual’s ability to work in a chosen field.

Finally, a drug conviction can affect family court decisions. If a parent has a history of drug possession, it may be used against them in child custody disputes, potentially limiting their parental rights.

While legal penalties for drug possession may end after a sentence is served, collateral consequences can continue to affect a person’s life long after the conviction.

Successfully Defending Against a Drug Possession Charge in Los Angeles

If you are charged with drug possession in Los Angeles, you may have legal defenses available to fight the charges. A strong defense can lead to a case being dismissed, charges reduced, or an acquittal at trial. The best defense depends on the specific facts of the case, but here are some of the most common defenses used in drug possession cases.

Lack of Possession

To convict someone of drug possession, the prosecution must prove that the defendant actually possessed the drugs. In some cases, a person may be falsely accused or simply be in the wrong place at the wrong time. If the drugs were found in a shared space, such as a car or apartment, the prosecution must show that the defendant had control over the substance. If possession cannot be proven beyond a reasonable doubt, the charges may not hold up in court.

Unlawful Search and Seizure

The Fourth Amendment protects people from illegal searches and seizures. If law enforcement officers search a home, car, or person without a valid warrant or probable cause, any evidence found may be considered inadmissible in court. For example, if the police searched a car without justification and found drugs, a defense attorney can argue that the evidence should be thrown out.

Lack of Knowledge

A person cannot be convicted of drug possession if they did not know they had the drugs or did not know the substance was illegal. For example, if someone unknowingly borrowed a backpack containing drugs or was handed an unknown substance at a party, they may not be guilty of possession. The prosecution must prove that the defendant was aware of both the presence and nature of the drug.

The Drugs Belong to Someone Else

If the drugs found were not yours and you had no control over them, you may argue that they belonged to someone else. This defense is especially useful when drugs are discovered in shared spaces like vehicles or homes with multiple occupants.

Police Misconduct or Entrapment

If law enforcement officers engage in misconduct, such as planting evidence, falsifying reports, or coercing a confession, this can be a strong defense. Additionally, if undercover officers pressured or tricked someone into possessing drugs when they otherwise would not have, it may be considered entrapment, which is illegal.

A skilled criminal defense attorney in Los Angeles can evaluate the case and determine the best strategy to fight the charges, potentially leading to a favorable outcome.

Plea Deals Versus Trial in a Los Angeles Drug Possession Case

When facing a drug possession charge in Los Angeles, defendants must decide whether to accept a plea deal or take their case to trial. This choice can significantly affect the outcome of their case, as each option carries its own risks and benefits. Understanding the differences between these two paths is essential when making an informed decision.

Accepting a plea deal means pleading guilty or no contest in exchange for a reduced charge or lighter sentence. This option provides a faster resolution to the case, allowing defendants to avoid the uncertainty of trial. In many cases, plea deals result in reduced penalties, such as probation instead of jail time or a misdemeanor conviction instead of a felony. By accepting a plea bargain, a defendant knows exactly what their sentence will be, which eliminates the unpredictability of a trial. However, accepting a plea deal also means having a conviction on record, which can affect future employment, housing, or educational opportunities. Additionally, defendants who accept a plea bargain give up their right to a trial and the chance to fight for a not-guilty verdict.

Taking a case to trial, on the other hand, allows defendants to challenge the prosecution’s evidence and present legal defenses. If the jury or judge finds the defendant not guilty, they will avoid a conviction altogether. This outcome eliminates the long-term consequences that come with a guilty plea. Trials also provide an opportunity to expose weaknesses in the prosecution’s case, such as unlawful search and seizure, lack of possession, or police misconduct. However, choosing to go to trial carries significant risks. If convicted, a defendant may receive a harsher sentence than what was offered in a plea deal. Trials also take much longer to resolve and can be costly, requiring extensive legal fees and time away from work or family.

The decision between accepting a plea deal or going to trial is a serious one that should not be taken lightly. Defendants must weigh the certainty of a plea deal against the possibility of acquittal at trial, while also considering the risks involved. Consulting with an experienced criminal defense attorney can help in determining the best course of action based on the specific details of the case.

Contact an Experienced Los Angeles Drug Possession Lawyer Today

If you are currently facing a drug possession charge in Los Angeles, you need a skilled criminal defense lawyer on your side right away. Your lawyer will determine your eligibility for various legal defenses and represent you during all legal proceedings, pursuing the best possible result in your case.

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