San Diego Drug Possession Lawyer | HS 11350 & HS 11377
The drugs were not in your pocket. They were in the center console of a car with three other people, inside a backpack someone left in your apartment, or in a drawer in a shared bedroom.
Police made an arrest and now the charge is against you, but the entire case hinges on a single, powerful question: can the prosecutor legally prove the drugs were yours? The government has the full burden of proving you knew the substance was there and could control it.
This is a far higher legal standard than mere proximity. This is where the fight for your future begins. You are not just defending against a substance; you are defending against a legal accusation that may be built on weak assumptions.
To win, you need a San Diego drug possession lawyer who excels at dismantling these assumptions and challenging the very foundation of the state’s case. Elite Criminal Defense fights to expose the weaknesses in the prosecution’s evidence from the first day.
Key takeaways
- “Possession” is a legal term, not a simple fact. The prosecution must prove you knew about the substance and had control over it, a standard that is often difficult for them to meet.
- The legality of the police search is frequently the most vulnerable part of the prosecution’s case. If officers violated your Fourth Amendment rights, all evidence they found may be thrown out of court.
- For many first-time drug possession offenses, California law allows for diversion programs that can lead to a complete dismissal of the charges, protecting your record and your future.
Table of contents
- Why Choose Elite Criminal Defense for Your Drug Case?
- Drug Possession Charges in California: More Than a Simple Accusation
- Building a Winning Defense to Drug Possession Charges
- Exploring Alternatives to a Criminal Record
- The Lifelong Consequences of a Drug Conviction
- FAQ for San Diego Drug Possession Lawyer
- Start Your Aggressive Defense Today
- Connect with a Criminal Defense Lawyer in San Diego
- Elite Criminal Defense – San Diego Office
Why Choose Elite Criminal Defense for Your Drug Case?
Facing a drug possession charge in San Diego can be an isolating and frightening experience. The law firm you trust to protect your rights must have a deep understanding of California drug laws and a proven record of success in local courts. Elite Criminal Defense offers the aggressive, intelligent defense your case requires.
A history of dismantling the prosecution’s evidence
For over 20 years, our attorneys have been defending clients against drug charges in San Diego. We have a distinguished record, reflected in over 170 five-star reviews, of successfully challenging illegal searches, questioning lab results, and disputing claims of possession. We know the weak points in these cases and how to exploit them for our clients.
Unparalleled experience with San Diego courts
Our lawyers are in the San Diego Superior Court houses daily. We have established professional relationships with local prosecutors and judges. We know their tendencies, their arguments, and how to negotiate from a position of strength. This insider’s perspective is a powerful advantage when fighting for a charge reduction, dismissal, or entry into a diversion program.
We launch our own investigation
We do not simply react to the police report; we conduct our own thorough investigation. Our team interviews witnesses, scrutinizes officer testimony for inconsistencies, and analyzes every detail of the chain of custody for the alleged contraband. Our proactive approach often uncovers facts and legal issues that law enforcement overlooked.
24/7 availability and flat-fee pricing
An arrest can happen at any time. Our team is available 24/7 to provide immediate legal support. We also believe in financial transparency during a crisis. Our flat-fee pricing model means you know the full cost of your defense upfront, with no hidden fees or surprise hourly bills. This allows you to focus on your case with clarity and confidence.
Drug Possession Charges in California: More Than a Simple Accusation
California’s drug laws are complex, with charges ranging from minor misdemeanors to serious felonies. The specific statute you are charged under, the type and quantity of the substance, and your prior record all have a massive impact on your case. Working with an experienced misdemeanor defense lawyer can help you navigate these complexities and protect your rights.
Simple possession vs. possession for sale
The most critical distinction is between simple possession (for personal use) and possession with intent to sell. A simple possession charge under California Health and Safety Code 11350 is typically a misdemeanor.
However, if police find evidence suggesting you planned to sell the drugs, such as scales, baggies, or large amounts of cash, you could face a much more serious felony charge of possession for sale.
The nuance of “constructive possession”
The prosecution’s case often relies on a legal theory called “constructive possession.” This applies when the drugs are not found on your person (actual possession) but in a place you allegedly control.
To prove constructive possession, the DA must prove two distinct elements: that you knew the drug was present, and that you had the right to exercise control over it. This is a difficult standard to meet, especially in situations involving shared spaces.
Misdemeanor vs. felony consequences
Thanks to laws like Proposition 47, most simple possession charges for commonly controlled substances are now misdemeanors. A conviction may result in a year in county jail, fines, and probation.
Certain factors elevate a possession charge to a felony, including prior convictions for serious crimes like murder or sex offenses, or possessing large quantities of certain drugs. A felony defense lawyer can help you understand the specific charges and build a strong strategy to protect your rights. A felony conviction carries the threat of state prison. A felony conviction carries the threat of state prison.
Building a Winning Defense to Drug Possession Charges
A drug charge is not an automatic conviction. An aggressive defense attorney can challenge the case against you from multiple angles. The foundation of a strong defense is a meticulous review of the state’s evidence and the conduct of law enforcement.
Challenging an unlawful search and seizure
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. Police must have a valid legal reason to stop you, search your person, or search your property.
If they violate your rights, any evidence they find may be suppressed, meaning the prosecutor cannot use it against you.
A motion to suppress is one of the most powerful tools in a drug case. If the motion is successful and the drug evidence is thrown out, the prosecutor often has no choice but to dismiss the entire case.
There are many ways police can conduct an illegal search. To protect our clients, we scrutinize every case for these violations.
A violation of your rights at any stage can taint all the following evidence. Our attorneys meticulously examine every detail of your encounter with law enforcement to find these crucial errors.
Disputing the element of “possession”
Even if the search was legal, the prosecutor still must prove you knowingly possessed the substance. We can argue that you had no knowledge of the drugs. This is a powerful defense in cases where the drugs were found in a shared car or home.
We might also argue that even if you knew the drugs were there, you had no right or ability to control them.
Issues with evidence
We challenge the physical evidence presented by the state. We examine the chain of custody to ensure the evidence was not tampered with or mishandled from the scene to the lab.
We can also challenge the chemical analysis results, as lab errors do occur. Sometimes, the substance seized by police is not a controlled substance at all.
Exploring Alternatives to a Criminal Record
California offers alternatives to a traditional criminal conviction for many individuals facing a first-time simple possession charge. These “diversion” programs focus on treatment and education rather than punishment. A primary goal for many of our clients is to secure entry into one of these programs, which can result in the case being completely dismissed.
Pre-trial diversion under Penal Code 1000
California’s main drug diversion program is governed by PC 1000. This program is available to many first-time offenders charged with non-violent drug possession offenses.
Instead of pleading guilty, you enter a drug treatment program. If you successfully complete the program, the judge will dismiss the charges against you. You can then legally state that you were never arrested for or convicted of the crime.
Proposition 36 and Drug Court
For individuals with more significant substance abuse issues or prior offenses, other options like Proposition 36 or Drug Court may be available. These are more intensive, court-supervised treatment programs.
While they are more demanding, they still provide a path to recovery and a resolution of the criminal case that can avoid jail time and, in some cases, a conviction. Securing entry into these programs requires skillful negotiation.
An experienced San Diego criminal defense attorney can advocate to show the prosecutor and the judge that you are a good candidate for treatment rather than punishment.
We work to achieve the best possible outcome for every client.
Negotiation can often lead to favorable results that protect your future.
The Lifelong Consequences of a Drug Conviction
Even a misdemeanor drug conviction can have a lasting negative impact on your life. It creates a public record that can close doors and limit your opportunities for years. Fighting the charge is an investment in your future.
Effect on employment and housing
Many employers and landlords run background checks. A drug conviction can cause them to view you as unreliable or untrustworthy, leading to a rejected application for a job or an apartment.
Loss of professional licenses
A drug conviction can have devastating consequences for licensed professionals. Doctors, nurses, teachers, lawyers, and real estate agents can face disciplinary action from their state licensing boards, including suspension or revocation of the license required to work in their field.
Ineligibility for federal student aid
A drug conviction can make you ineligible to receive federal financial aid for college, including grants and student loans. This can put a higher education and a better career path out of reach.
Severe immigration consequences
For non-citizens, including green card holders, a conviction for a drug offense can be one of the most serious marks on a record. Most drug convictions are considered “crimes of moral turpitude” and can lead to deportation, denial of naturalization, or prevent you from re-entering the United States.
FAQ for San Diego Drug Possession Lawyer
Yes. This is a classic “constructive possession” case. The prosecutor will try to argue that you knew the drugs were in the car and shared control over them.
However, this is very difficult for them to prove. As a passenger, you have a strong defense that you had no knowledge or control, especially if the drugs were not in your immediate vicinity.
A: While recreational and medical cannabis are legal in California, there are still limits. You can be charged with a crime if you possess more than the legally allowed amount or if you have concentrated cannabis (hashish) in certain forms without the proper recommendation. You can also face charges for driving under the influence of marijuana.
A: Not automatically. Police are only required to read you your Miranda rights if you are in custody and they are interrogating you. Any statements you made during that interrogation may be suppressed if they failed to do so before questioning you. While this can severely weaken the prosecutor’s case, it does not, by itself, lead to a dismissal.
A: While it is better to be a first-time offender, you cannot assume the prosecutor will be lenient. The San Diego DA’s office prosecutes all crimes seriously. Without a strong defense lawyer advocating for you, you may not be offered a diversion program and could still face a criminal conviction and its consequences.
Start Your Aggressive Defense Today
A drug possession charge is a serious matter that threatens your reputation, your career, and your future. You do not have to face the power of the government alone.
The experienced and aggressive legal team at Elite Criminal Defense is ready to stand up for you, challenge the state’s evidence, and fight for the best possible outcome.
Your rights are on the line. We are available 24/7 to provide the immediate help you need. Call us now at 619-642-2871 or complete our confidential online form for a free and immediate case evaluation.
Connect with a Criminal Defense
Lawyer in San Diego
If you are accused of drug possession in California, you may face severe penalties if convicted. Under California HS 11350 and HS 11377, you may face consequences ranging from a treatment program to years in prison.
Our drug possession attorneys at Elite Criminal Defense take the guesswork out of your case. We can offer tools and resources to our clients that can help you evaluate the penalties you may face and determine your best defense strategy. When you are ready to speak with an attorney, call 619-642-2871 or complete our online contact form for a consultation.
Elite Criminal Defense – San Diego Office
Address: 8880 Rio San Diego Dr # 800
San Diego, CA 92108
Phone: 619-771-0769
We proudly serve clients in Downtown San Diego, Gaslamp Quarter, Little Italy, East Village,
La Jolla, El Cajon, Santee, Chula Vista, Bankers Hill, Hillcrest, North Park, South Park, Golden Hills, Mission Hills, Pacific Beach, Mission Beach, and surrounding areas.
