San Diego Drug Possession Attorney

Drug possession charges are a serious matter. Let me help. In California, drug possession can be either a misdemeanor or a felony offense. But it is a serious matter because you can also be charged with transportation or selling a controlled substance, crimes which carry even stiffer penalties. In building your defense, we will focus on what happened during search and seizure. If any evidence was illegally obtained, we find out and get that evidence thrown out. Not every lawyer has search and seizure experience. You need an experienced San Diego drug possession attorney from The Law Office of Elliott Kanter.

What is Possession of a Controlled Substance?

Controlled substances include narcotics and illegal drugs such as cocaine and heroin, as well as prescription drugs such as Vicodin or Oxycontin. It is important to note laws regarding possession of a controlled substance do not apply to stimulants or marijuana, although there are laws that cover these drugs.

Is Drug Possession a Misdemeanor or a Felony?

If you are found in possession of controlled substances, you will most likely face misdemeanor charges. Penalties for a conviction may include a year in county jail and a fine of up to $1,000. But, if this is your first offense, you may be eligible to receive a drug diversion program instead of prison time. This is never a guarantee, even if you have a completely clean criminal history, so you should never rely on this happening.

In some cases, possession of a controlled substance can be charged as a felony. This occurs when the defendant has a prior conviction for a serious crime, such as a sex crime, murder, or manslaughter. If you are charged and convicted of felony possession of a controlled substance, you may face up to three years in county jail.

Drug possession charges carry serious penalties that could affect you for years to come. If you have been charged with possession of a controlled substance speak to an attorney immediately. A skilled attorney can help you understand the legal process and the options available to you so you can make the best choice to protect your future. Call The Law Office of Elliott Kanter today or visit our website to fill out an online form and schedule your free legal consultation.

Hiring a San Diego Lawyer to Defend Your Drug Possession Charges

To be charged with drug possession, officers only need evidence that you are in possession of the narcotic. You don’t have to be using, selling, or under the influence of the drug. In fact, the drug doesn’t even need to be on your person when you are arrested; it can be in your car or house.

The Law Office of Elliott Kanter is familiar with legal and illegal search and seizure. We will look at reducing the charges or getting them thrown out due to illegal search or violation of your rights by law enforcement officials. Some errors in the prosecution’s case may include:

• Fourth Amendment violations
• Warrants issued without probable cause
• Wiretapping and other illegal surveillance
• Miranda Rights warnings omitted, abridged, or defied by police and prosecutors
• Statements and evidence illegally obtained or improperly allowed at trial

Contact a San Diego criminal Defense Attorney

The first thing to do: Call a San Diego criminal defense attorney. There’s so much at stake when you are charged with a drug offense that you will need a defense lawyer who is willing to aggressively fight the drug charges. Our attorneys have over 30 years of experience defending clients in criminal law cases in San Diego County. Some of our many practice areas include DUI, probation violations, juvenile offenses, assault and battery, white-collar crimes, theft crimes, elder abuse, fraud, domestic violence, sex crimes, and drug crimes, including the manufacturing, trafficking or possession of a drug.

So don’t hesitate to contact The Law Office of Elliott Kanter by phone or email at ekanter@enkanter.com for a no-cost, no-obligation consultation today. Come to our law firm as soon as possible after an arrest for a consultation where we will give you legal advice, answer your questions, discuss the potential consequences of your charges, and go over a number of possible legal defenses. Tell our lawyers your side of the story, and together we’ll get started.