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Possession of Narcotics
Possession for personal use requires that the defendant:
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exercise control or the right to control the drug in question;
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had knowledge of its nature as a controlled substance;
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had knowledge of its presence;
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the drug was in an amount sufficient to be used as a controlled substance.
Dominion and control can be shown where there exists a right or power to control the drug through another person.
Consequences may include:
- Imprisonment
- Probation or parole
- Registration as a narcotics offender
- Drug testing
- Court ordered counseling or rehabilitation
- Loss of driver's license
- Seizure of motor vehicle
- Search and seizure conditions
- Significant fines
Defenses may include:
- Factual innocence
- Insufficient evidence
- Legal use/prescription
- Search and seizure issues
- Other
What you can do if you are accused:
- Document your good character/reputation
- Remain silent
- Create a diary of all significant events and witnesses
- Retain a competent attorney
When appropriate, what we can do to help you:
- Evaluate & recommend alternatives to imprisonment
- Motion the court to reduce bail requirements
- Obtain private investigator to interrogate witnesses and obtain favorable evidence
- Negotiate with district attorney to settle and/or dismiss case
- Negotiate a resolution of the matter with police
- Aggressively defend your case while keeping you and your loved ones informed
- Commence early/timely case preparation and research
- Motion the court to suppress evidence
- Motion the court to dismiss the case
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