Cocaine Possession

First, let Possession of Cocaine Lawyers in Dana Point give you the relevant law. The relevant portion of the law that is applicable to Possession of Cocaine in Dana Point is summarized below. However, the full text of the Possession of Cocaine 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 Cocaine, the Prosecutor must prove that:

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

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

The Possession of Cocaine 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.

If you are convicted of Possession of Cocaine in Dana Point, you may face severe penalties. Possession of Cocaine in Dana Point is a felony. The statutory sentence for Possession of Cocaine 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 cocaine 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 Cocaine. For instance, if you possess both cocaine and a loaded or unloaded gun, then you may face increased penalties. (See HSC 11370.1)

Possession of cocaine in certain locations where children are present, or possession of cocaine 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 cocaine, 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 Cocaine. 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 cocaine.

However, our team of lawyers may be able to assist you with a number of different options if you are convicted of Possession of Cocaine. In Dana Point, a prison sentence for possession of cocaine 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.)

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 cocaine. 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 cocaine, or if you were completely unaware that you possessed the drug, then you may have a good defense.

Also, if you found the cocaine, 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 cocaine, 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 cocaine, then you have a defense in court.

If the amount of cocaine 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 cocaine, you may have a defense that the cocaine 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.

If you have prior convictions for possession of drugs, then you may face increased penalties in your current Possession of Cocaine 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 Cocaine penalties. Call our team of lawyers today to see how your prior convictions may impact your current Possession of Cocaine charge.

Contact Team Possession of Cocaine 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.