Were you charged with drug possession?Drug Possession LawyersIf you’ve been charged, our experienced team can help you..fusion-body .fusion-button.button-7 .fusion-button-text{color:#ffffff;text-transform:none;}.fusion-body .fusion-button.button-7{border-color:#ffffff;border-width:0px 0px 0px 0px;border-radius:0px 0px 0px 0px;background:#a00402;}.fusion-body .fusion-button.button-7 i,.fusion-body .fusion-button.button-7:hover .fusion-button-text,.fusion-body .fusion-button.button-7:hover i,.fusion-body .fusion-button.button-7:focus .fusion-button-text,.fusion-body .fusion-button.button-7:focus i,.fusion-body .fusion-button.button-7:active .fusion-button-text,.fusion-body .fusion-button.button-7:active i{color:#ffffff;}.fusion-body .fusion-button.button-7:hover,.fusion-body .fusion-button.button-7:active,.fusion-body .fusion-button.button-7:focus{border-color:#ffffff;border-width:0px 0px 0px 0px;background:#041127;}Get A FREE Strategy SessionHome » Drug Crime Lawyer » Drug Possession LawyerCalifornia Drug Possession Lawyer – Health and Safety Code 11350(a) HSShould You Hire A Drug Possession Lawyer?In California, unlawful possession of a controlled substance is a misdemeanor offense under Health and Safety Code 11350(a). Controlled substances include illegal street drugs and certain prescription drugs possessed without a valid prescription for medical use. My Rights Law experienced drug crime lawyer can help you fight to have the charges reduced or even dropped on any drug possession charge the prosecutor throws at you. Call us at (888) 702-8882 or use our secure web form to take advantage of your free consultation today. Contents hide 1. What Does Possession Of A Controlled Substance Mean? 2. What Are The Defenses To 11350(a) HS Drug Possession Charges? 3. Is 11350(a) HS Drug Possession A Felony or Misdemeanor In California? 4. Can A Conviction For Illegal Possession Be Expunged? 5. How Does A Possession Conviction Affect A Person’s Gun Rights? 6. Why Choose My Rights Law? 7. Case Results 8. Testimonials 9. Hiring A California Criminal Defense Attorney To Fight Your Criminal Charges What Does Possession Of A Controlled Substance Mean?Health and Safety Code 11350(a) HS Possession of a controlled substance is generally defined as having in your possession, or having control over, a narcotic or drug that is illegal under state or federal law, for which you do not have a valid prescription.[1] The prosecutor must prove the following five elements for a defendant to be convicted of a possession charge:There was a controlled substance in the defendant’s possession,The accused didn’t have a prescription for the drug,The defendant was aware of the substance’s presence,It was known to the defendant that the substance was a controlled substance, andA usable amount of the controlled substance was present.Under the United States Controlled Substance Act, the following substances provide that the following drugs are illegal:Fentanyl,Cocaine, andLSDPossession under the Controlled Substance Act is whenever someone has control over the substance. This can be done personally or through another person. For example, an individual does not need to be physically in control of the drug to be charged with possessing a controlled substance. This is known as constructive possession.However, merely agreeing to purchase a controlled substance does not mean they possess the drug. However, two individuals may possess a controlled substance at the same time. For example, someone who owns a building where a controlled substance is developed may be in possession of the controlled substance if the person knows about the presence of the controlled substance. Additionally, the person making the drugs may also be in possession of the controlled substance.What Are The Defenses To 11350(a) HS Drug Possession Charges?To challenge charges of possession of a controlled substance, a defendant can raise a legal defense.There are three common defenses to HS 11350 accusations:No possession,Legal prescription, orIllegal search and seizure.Under this code section, a person is deemed guilty only if they “possessed” a drug. Legal defenses include showing that the defendants were not in actual or constructive possession of the drug. In most circumstances, the defendant is not liable if they had a valid prescription from one of the following:Doctor,Dentist,Podiatrist, orVet[2]To be convicted of drug possession, a prosecutor must prove beyond a reasonable doubt that the defendant possessed a controlled substance and that they did not have a prescription for the controlled substance.However, law enforcement authorities may not find evidence through an unreasonable search and seizure. Suppose the authorities obtained the information through an unreasonable search and seizure. In that case, likely, the evidence will not be admissible, or in some circumstances, the case may be dismissed.Is 11350(a) HS Drug Possession A Felony or Misdemeanor In California?In California, possession of drugs to be used for personal use is usually charged as a misdemeanor rather than a felony. Penalties include:Up to one year in county jail and /orA fine of up to $1,000In some circumstances, someone found to possess narcotics may face felony drug charges. For example, if a defendant has a previous felony conviction, they may be charged with felony drug possession, resulting in up to three years in jail.People who commit non-violent drug possession will generally qualify for a drug diversion program or drug court, allowing them to complete their sentence without going to prison or jail.Can A Conviction For Illegal Possession Be Expunged?In some situations, a drug possession conviction may be expunged from your record. Under California law, an expungement removed the entire charge and conviction from the record. A defendant may be eligible for expungement if the applicant:Completes probation, andIs not in jail, on probation, or being charged with a criminal offense.Once the defendant completes their sentence and pays their fines (if applicable) for possession of a controlled substance, they may try and get the offense expunged from their records.How Does A Possession Conviction Affect A Person’s Gun Rights?Additionally, under California law, the convicted party’s gun rights may be adversely affected by a conviction for possession of a controlled substance because felons are not allowed to acquire or possess a gun. Therefore, if it is a felony drug possession charge, gun ownership may not be allowed in the future.Why Choose My Rights Law?When you are charged with a crime, you may wish to find the right attorney and law firm for you. How do you know which firm is right for you? Before you make your decision, consider these questions.Case ResultsThe best law firms are not shy about sharing their case results. That’s why we make it easy for you. You may browse our proven case results here. As you review these results, keep in mind that each case has different facts, and each client has different goals. Thus, a favorable outcome can take many forms. You may be able to avoid jail time by getting your charge reduced. Serving probation or getting a mental health diversion are also considered wins in our clients’ books. Our proudest wins are dismissals and not guilty verdicts.TestimonialsListen to what our previous clients have said about us.Hiring A California Criminal Defense Attorney To Fight Your Criminal ChargesMy Rights Law‘ drug possession attorney can help if the police accuse you of a drug possession crime. It is our specialty to handle criminal law cases, and we know how to represent our clients facing drug possession charges. You can count on our award-winning firm with years of experience and successful case results. We strive to aggressively, diligently, and strategically defend all of our clients. No matter how determined prosecutors are, we aren’t intimidated or shrink in fear when odds don’t seem to be in our favor. Call us at (888) 702-8882 or contact us online using our secure form to take advantage of your free consultation today.FOOTNOTES[1] California Health and Safety Code 11350 HS[2] California Health and Safety Code 11350 HS.fusion-widget-area-2 {padding:0px 0px 0px 0px;}.fusion-widget-area-2 .widget h4 {color:#041127;}.fusion-widget-area-2 .widget .heading h4 {color:#041127;} We’re On Your SideFree Consultation (888) 702-8882CALL OUR DRUG CRIMES LAWYER 24/7 OR LEAVE A MESSAGE ON THIS SECURE FORM TO GET OUR IMMEDIATE ADVICE Name* First Last Phone*Email* What type of case?*What type of case?CriminalDUIOtherTell us what happened*City where your case is located* Are you a new client?*Are you a new client?YesNoNeitherCAPTCHAThis site is protected by reCAPTCHA and the GooglePrivacy Policy andTerms of Service apply. 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You guys are top notch. Kept me informed on everything that was going on with my case and I didn’t have to show up in court once. Got my case dismissed, now I can move on. I would recommend this law firm to anyone that wants a fair shake.JamesI found myself facing a DUI and scared to death. From the very start of the initial consultation, Attorney Bobby Shamuilian put me at ease. They handled my DMV Hearing and the court proceeding and truly fought for me. They were always attentive to my phone calls and emails, keeping me informed. They were able to get me a reduced charged so that I do not have a DUI on my record. I am so thankful to have retained them for my case.BlaineI couldn’t be happier with the service we received. From the very beginning I could tell that these lawyers knew a lot about DUI cases and throughout our court days they went above and beyond to make sure we were prepared for whatever might come our way. They definitely prepare you for the worst but get you the best. 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This firm is most definitely the best one to have if you need a criminal attorney. God forbid I ever need a criminal defense attorney, I would not even consider anyone else to represent me. Absolutely an amazing attorney!!!!! THANK YOU!!!!ChristineGot my case dropped from a felony to 2 misdemeanors to having everything dismissed. Justice has been served, nothing more I could ask for! Many thanks Bobby!Rod R.I would like to thank Mr. Shamuilian for helping me to get a good result for my case. They are very reliable people that kept things very professional. I recommend them strongly, they will help you tremendously. I was very lucky that I had the opportunity to work with such highly skilled people. You won’t regret hiring them, thanks again.BachirI had a difficult case that I was trying to fight from outside the state it was turned down twice. Once by the DA, and the second time by the judge, they continued to fight for me, and got the results I was looking for. They really do care about their clients and will not stop fighting till they get you the results you want.Adrian A.An excellent and professional consultation followed by a successful win of my case.Dan P.Bobby Shamuilian was Hands Down the BEST attorney I have ever dealt with. He is an experienced and knowledgeable attorney, who is HONEST and not in it to try and rip you off for the money. His staff is professional and extremely pleasant. I have saved his number in my contacts and will call him if I am EVER in need of an attorney, I would also recommend him to anybody I know, he is an AMAZING attorney.Annifred F. I want to thank Bobby and the entire staff. They recalled my warrant and got my case dismissed in no time. They answered my concerns and took me step by step in the process. I didn’t even have to appear in court. They represented me and took care of my case all the way. Thank you!!!Suriel A.Everyone in the office was helpful and professional. There was never a time when I thought they weren’t going to be there when we needed them. Their reputation and professionalism was the primary factor for using this law firm. Boy, were we impressed with all of the work they put into our case. Thank you to everyone in the office for always making us feel like we were your only clients!Neckole S. .fusion-body .fusion-button.button-8 .fusion-button-text{color:#ffffff;text-transform:none;}.fusion-body .fusion-button.button-8{border-color:#ffffff;border-width:0px 0px 0px 0px;border-radius:0px 0px 0px 0px;background:#a00402;}.fusion-body .fusion-button.button-8 i,.fusion-body .fusion-button.button-8:hover .fusion-button-text,.fusion-body .fusion-button.button-8:hover i,.fusion-body .fusion-button.button-8:focus .fusion-button-text,.fusion-body .fusion-button.button-8:focus i,.fusion-body .fusion-button.button-8:active .fusion-button-text,.fusion-body .fusion-button.button-8:active i{color:#ffffff;}.fusion-body .fusion-button.button-8:hover,.fusion-body .fusion-button.button-8:active,.fusion-body .fusion-button.button-8:focus{border-color:#ffffff;border-width:0px 0px 0px 0px;background:#041127;}Start Your FREE Consultation.fusion-body .fusion-builder-column-16{width:100% 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