Drug crimes are being prosecuted more vigorously than ever, both in California and in Federal courts.
Prosecutors and judges alike are cracking down on drug crimes, often seeking jail time even for first time convictions.
Even the most minor drug-related offenses carry severe penalties and consequences. Criminal defense attorneys at Wing & Parisi are highly skilled at defending clients in all types of drug-related crimes, ranging in severity from misdemeanor marijuana possession to complex federal litigation regarding the importation of hundreds of kilograms of narcotics. We provide defense for all state and federal drug charges, including the following:
- Possession of drugs: including the possession of marijuana, crack-cocaine, methamphetamines (meth) heroin, club drugs (ecstasy), illegal prescription drugs, and other narcotics.
- Drug trafficking: including possession with intent to deliver marijuana, ecstasy, crystal meth, cocaine, prescription drugs, and designer drugs.
- Drug cultivation-drug manufacturing: including cultivating marijuana and manufacturing methamphetamines (meth lab).
- Prescription fraud-doctor shopping: including shopping for multiple doctors to write prescriptions for the same ailment and forging prescriptions to have filled at multiple pharmacies.
Drug Crimes – Possession
The State of California prohibits possession of certain controlled substances, which is defined as a drug or other substance that is identified in the schedules of Controlled Substances Act, Pub.L. 91-513. The Controlled Substance Acts breaks out the substances into five schedules and lists them. Some examples of commonly know controlled substances are opiates, cocaine, heroin, GHB or the date rape drug, certain hallucinogenic substances, etc. Some other substances are not allowed without a valid physician’s prescription and include medications such as codeine and vicodin.
There are several types of possession, actual possession, constructive possession and joint possession. An individual has actual possession when he or she had immediate and direct physical control over the controlled substance. More simply put, when the drug is found on your person (i.e., pocket, inside a wallet). Constructive possession is when the controlled substance was found in the area of an individual control. Again, simplified, any substance found in individuals car, room inside a house, hotel room or similar situation will considered to have been in individual’s constructive possession. Finally, joint possession is identified as at least two persons share either actual or constructive possession. A good of example of joint possession is when peace officers find drugs in a common area of the house, even though they might belong to only one person, knowledge of another’s person of the existence of the controlled substance put him/her in joint possession of that substance.
When arrested for possession the prosecutor will have to prove certain elements that include:
- that the individual exercised control over the controlled substance,
- knew of the presence of the controlled substance,
- knew the nature of the drug as a controlled substance,
- and there was sufficient quality of the controlled substance to be used as such.
If you have been arrested for possession of a controlled substance contact our attorney as soon as possible and our experienced and knowledgeable staff will evaluate your case and protect your rights.
There’s no substitute for a strong criminal defense attorney in Sacramento, call Wing & Parisi at (916) 441-4888.
Law Office of Wing & Parisi
917 G Street
Sacramento, CA 95814, USA
November 15, 2014
The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout
Placer County and San Joaquin County. Hablamos espanol.