Criminal Defense

Is It Illegal to Have Drugs Without a Prescription?

What if you’re caught with someone else’s pain medication? Even if you’re just holding it for a friend, you could be charged with possession and face legal consequences for having drugs that aren't prescribed to you. The Law Office of Elliott Kanter is here to help you understand more about your circumstances, and how a drug defense attorney could help.

Drug Possession Laws in San Diego

If you're caught with prescription drugs in San Diego without a valid prescription, you could be facing serious charges. California law makes it illegal to possess certain drugs, including painkillers, stimulants, and sedatives, unless you have a prescription from a doctor. This is part of the state’s effort to control the use and distribution of controlled substances.

Charges You Could Face for Not Having a Prescription

If you’re found with drugs like opioids, ADHD medication, or anti-anxiety meds without a prescription, you can be charged with possession of a controlled substance. These charges can come with harsh penalties, such as:

  • Fines: You could be ordered to pay a hefty fine for possessing drugs illegally.
  • Probation: Instead of jail, you might be put on probation, which means you’ll have to follow strict rules set by the court.
  • Imprisonment: In more serious cases, especially if you have prior convictions, you could face time in jail or prison.

Potential Defenses for Drug Possession Without a Prescription

If you’ve been charged with drug possession, a skilled attorney can help build a defense. Some common defenses include:

Lack of Knowledge: You might argue that you didn’t know the drugs were in your possession. For example, if the drugs were left in your car by someone else, this could be a defense.

Unlawful Search and Seizure: If the police obtained the evidence illegally, such as searching your car without a valid reason, your attorney might be able to get the charges dropped.

Valid Prescription: If you had a prescription for the drugs, but were unable to present it at the time, you can provide proof in court to defend yourself.

How a San Diego Drug Possession Attorney Can Help

If you’re facing charges for possessing drugs without a prescription, it’s important to have legal representation. A skilled San Diego drug possession attorney can:

  • Review Your Case: They will examine the evidence, police reports, and circumstances surrounding your arrest.
  • Develop a Defense Strategy: Your lawyer will build a defense based on the facts of your case, whether that means proving you had no knowledge of the drugs, showing a valid prescription, or challenging the legality of the search.
  • Negotiate on Your Behalf: If needed, your attorney can negotiate with the prosecution to reduce charges or work out a plea deal that minimizes the penalties.

Protect Your Rights – Contact The Law Office of Elliott Kanter

If you’re facing drug possession charges in San Diego, don’t go through it alone. The Law Office of Elliott Kanter can help you understand your rights and build a strong defense. We’re experienced in handling drug possession cases and will fight to protect your future.

Contact us today to schedule a consultation. Let us help you through your case and get the best possible outcome.

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