Drug Possession Attorney San Diego
Drug Possession Attorney San Diego Marc Kohnen has glowing reviews. With over 50 perfect five-star client testimonials on yelp, he is a Top Rated San Diego Defense Lawyer. Possession of drugs, or drug related items, is a major problem in San Diego. Downtown and Gaslamp have been rocked with a big increase in drug related crimes. This has caused Law Enforcement to deal out stiffer penalties. You can be charged with possession by just having a small amount of product on you. Worse, if you have a significant amount, you be charged with Possession with the Intent to Distribute.
Drug related items, like pipes or needles, is known as drug paraphernalia. Paraphernalia is considered to be virtually any item that would enhance or enable the use, transporting, packaging, measuring, preparing, processing, concealing, storing or anything the court may find aided in an illegal use of the drug. Even simple household items, such as Ziploc bags, blenders, or bowls may be alleged as violations under Health and Safety Code §11364 provided drugs or drug residue are found as well.
An individual arrested under HS §11364 may be facing either a misdemeanor or a felony drug charge, as will depend on the circumstances of each case. The punishment can range from probation, to a loss of your business license, to up to 3 years in state prison for the paraphernalia charge alone if accompanied by other serious drug offenses. The potential punishment will depend on whether the paraphernalia is found to be for use or for sale, if there were actual drugs found during the arrest, the type of drug, the amount of drug, and the past criminal history of the individual.
Possession with the intent to distribute charge
When someone is arrested for drug possession, if the enforcement agency believes that the individual may be a dealer or supplier, they could get smacked with a distribution charge. San Diego Sheriffs Office and the District Attorney work with Federal Agencies. The FBI and the DEA assist with drug cases when the charge is significant. Marc Kohnen is a tenured, San Diego Drug Crime Lawyer. He is licensed in State and Federal Courts, and can help defend you against a drug possession charge. Possession doesn’t have to be the actual drug itself. It can also be drug manufacturing equipment or paraphernalia.
To prove that an individual is guilty of possessing drug paraphernalia, the prosecution must prove each one of the following elements:
- The individual unlawfully possessed an object that can be used to enable the unlawful use of a controlled substance; be it from packaging, measuring, injecting, smoking etc.;
- The individual knew of the object presence; and
- The individual knew that the object could be used to of the potential for the unlawful use of the object with regards to the drug.
Prior even to challenging the prosecution’s case on the merits, you may also be able to challenge the admissibility of the alleged paraphernalia or controlled substance found during an improper arrest. Officers must abide by particularly strict constitutionally protected guidelines that govern all searches of persons or property, seizures of contraband, and arrests.
Though the prosecution’s entire case may hinge on the admissibility of improperly seized evidence, it may not be used against you provided your defense meets the burden of proving that the officer’s conduct violated constitutional guidelines. It is in your best interest to hire an aggressive yet tactful attorney with the skills necessary to challenge the conduct of law enforcement, and which some courts may otherwise have an unspoken tendency to endorse unless such challenges are made.
More often than one would imagine, diseased patients requiring possession at all times of syringes or other medicinal tools are arrested under HS §11364 if they do not provide adequate documentation to law enforcement upon request. While you may be charged under this section for the failure to provide such documentation, you cannot be convicted provided you are able to prove to the court that you had proper permission at the time from a physician licensed to prescribe prescription drugs in this state.
Top Rated San Diego Drug Crimes Law Firm
If you are arrested and charged under HS §11364, it is imperative that you obtain an experienced and knowledgeable criminal defense lawyer to increase your chances of minimizing the penalty, or having the charged dismissed altogether provided a proper case can be made to negate the applicability of the offense to your alleged conduct.
Attorneys at The Law Office of Marc S. Kohnen have years of experience aggressively and passionately fighting for individuals accused of all drug offenses, including possession of drug paraphernalia. If you or a loved one has been arrested and charged under HS § 11364, call the office today for a free initial consultation.