Many different factors can change the way a court will look at a person’s alleged possession of illegal drugs. For example, a California court may evaluate the amount of drug that the person allegedly possessed, or if they had prior convictions for similar alleged crimes.
In some cases, the type of drug that the individual allegedly had under their control may influence the cases’ outcomes, as may the presence of any recognized defenses for the defendants. Readers should not interpret the discussion of this post as legal advice and can seek their own counsel when drug possession allegations affect their lives.
Drug possession charges may be classified into two categories: simple and with the intent to sell. Simple drug possession may apply if a person is found with drugs under their control. Possession with the intent to sell may be charged if there are indications that the individual planned to deal the alleged drugs to other people.
Certain defenses can stand up to both types of drug possession charge. First, an illegal search that yields evidence of either form of possession may invalidate evidence that otherwise may be used against a defendant. Claiming illegality in the search and seizure process could help a defendant overcome their charges.
Similarly, laboratory mistakes may wrongly produce evidence that a legal substance is actually illegal. If a person does not have an illegal substance under their control then they may not be guilty of drug possession. When marijuana is allegedly involved a person may have a defense based on medical need.
It is important that individuals always understand the charges that they must overcome and if those charges arise from alleged violations of state or federal law. More information on drug possession and possible defenses should be obtained from criminal defense attorneys.