Dana Point Possession of Heroin Lawyer

If you have been charged with Possession of Heroin in Dana Point for possessing a personal use amount of heroin, otherwise known as simple possession, you should contact Team Possession of Heroin Dana Point to get in touch with a law firm that works with a team of professionals on the matter and that knows how to handle those particular kinds of Heroin charges.

Heroin is a Schedule I Controlled Substance, meaning that it has a high potential for abuse, and no accepted medical use. In other words, you cannot get a prescription for heroin.

Heroin (diacetylmorphine) is a synthetic opiate made from morphine, or derived from the poppy plant. Heroin based substances are opioid analgesics, used medicinally and recreationally to enjoy pain relief, euphoric feelings, extreme pleasure, and a sense of escape from reality. Unfortunately, heroin can cause serious bodily harm including, but not limited to, a disrupted nervous system, altered moods and personality, and heavy addiction. Long term use of heroin can lead to cardiovascular issues, collapsed veins, tuberculosis, arthritis, and death.

In Dana Point, a Possession of Heroin charge is likely to result from a police encounter, such as a traffic stop or residential search warrant, possibly based on information provided to police by an informant, or possibly by chance. If you have a charge for Possession of Heroin in Dana Point you need to act immediately because the penalties are severe, including prison or jail time, stiff penalties, parole or probation, drug rehabilitation, and community service. Also, if you are deemed to be addicted to heroin then you may lose your driving privileges in Dana Point.

Possession of Heroin in Dana Point - The Law

First, let Possession of Heroin Lawyers in Dana Point give you the relevant law. The relevant portion of the law that is applicable to Possession of Heroin in Dana Point is summarized below. However, the full text of the Possession of Heroin laws in Dana Point can be found in California Health and Safety Code Section 11350.

To prove that the defendant is guilty of Possession of Heroin, the Prosecutor must prove that:

The defendant unlawfully possessed heroin;
The defendant knew of its presence;
The defendant knew of the substance's nature or character as an illegal drug;
The substance was heroin; AND
The heroin was a usable amount.

In Dana Point, possession of heroin can be classified as simple possession, possession for sales, or transportation. Simple possession can be charged when the amount of heroin is consistent with personal use of the drug.

The Possession of Heroin laws in Dana Point can be confusing to a defendant charged with a crime. Our team of lawyers knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense.

Possession of Heroin in Dana Point - Penalties if convicted

If you are convicted of Possession of Heroin in Dana Point, you may face severe penalties. Possession of Heroin in Dana Point is a felony. The statutory sentence for Possession of Heroin in Dana Point includes a prison sentence from 16 months to 3 years, and an additional fine of up to $20,000. (See CPC 1170(h) and HSC 11372.) Also, a court may say that you are addicted to heroin and you may lose your driving privileges in Dana Point. (CVC 23152(c).)

There are also a number of aggravating circumstances which may increase the severity of your punishment if convicted of Possession of Heroin. For instance, if you possess both heroin and a loaded or unloaded gun, then you may face increased penalties. (See HSC 11370.1)

Possession of heroin in certain locations where children are present, or possession of heroin within 1,000 feet of a school, could lead to an increased penalty. Also, if you induce a minor to possess, or use a minor to possess heroin, then you may face increased penalties, including longer prison or jail time, longer probation, and larger fines. (See HSC 11353, 11353.1, 11353.5, 11353.6.)

Immigration status may be affected by a conviction for Possession of Heroin. In other words, you may be deported, or your eligibility for admissibility to the United States may be impacted if you are convicted of possession of heroin.

Possession of Heroin in Dana Point - Possible Outcomes

However, our team of lawyers may be able to assist you with a number of different options if you are convicted of Possession of Heroin. In Dana Point, a prison sentence for possession of heroin may be shifted to a local jail sentence. You may also be eligible for probation or community service.

You may also be eligible for Drug Diversion programs. In Dana Point, there are a number of treatment programs designed to keep you out of jail. The diversion programs, known as Proposition 36, PC 1000, and drug courts, are not available to everyone. To see if you are eligible for the diversion programs, and to stay out of jail, call our team of lawyers today.

(The full text of the laws regarding the diversion programs are contained in CPC 1210.1 and CPC 1000.)

Defenses to Possession of Heroin in Dana Point - How Can We Get Your Case Dismissed?

Just because you were charged with a crime doesn’t mean that you committed one. There are a number of defenses to a charge of possession of heroin. Although some of those defenses are listed below, there may be additional defenses that apply depending on the individual facts of your case.

Our team of lawyers diligently reviews your case file to see if there are any reasons that the court may dismiss your case. An improper search warrant, or an improper search by police may get your case dismissed before trial. Improper arrest procedures, and other improper police actions may also get your case dismissed.

If you did not know that the substance was heroin, or if you were completely unaware that you possessed the drug, then you may have a good defense.

Also, if you found the heroin, and only possessed the drug so that you could destroy or dispose of it, then you may have a defense under a law called “momentary possession”.

If you overdosed on drugs and sought emergency care, only to be arrested for possession of heroin, then you are protected under the law. Also, if you sought medical services for someone else who had overdosed on drugs, and then you were arrested for heroin, then you have a defense in court.

If the amount of heroin you possessed was nothing more than debris, traces, or residue, our team of lawyers may be able to get a lab analysis which shows the weight of the drug is not a useable amount.

If you and another person are charged with possession of the same heroin, you may have a defense that the heroin was not in your possession.

Your individual defense will depend on the individual facts of your case. Contact our office so that we can determine the best defense based on the circumstances of your case.

Possession of Heroin Dana Point

If you have prior convictions for possession of drugs, then you may face increased penalties in your current Possession of Heroin case. Our team of lawyers aggressively challenges any prior convictions. For instance, if your prior possession of drugs conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Possession of Heroin penalties. Call our team of lawyers today to see how your prior convictions may impact your current Possession of Heroin charge.

Contact Team Possession of Heroin Dana Point today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.