Possession is a term that can be applied to three distinct legal ideas including “actual” possession, “constructive” possession, or “joint” possession. If you’ve been charged with possession of an illegal narcotic under any of those three definitions, you need the expert help of a skilled San Diego criminal defense lawyer.
The attorneys at the Law Offices of Bradley R. Corbett have successfully defended many drug possession cases. Don’t leave your future in the hands of a less capable, less experienced lawyer. Call or visit us for a consultation today.
What is possession?
As highlighted before, possession can be interpreted one of three ways:
- “Actual” Possession – Direct or immediate physical control of the substance.
- “Constructive” Possession – The substance was not directly on your person but found in a location where you exercise control.
- “Joint” Possession – When the actual or constructive possession is shared between you and at least one other person.
The prosecution can choose to file the offense as a misdemeanor or a felony depending on the facts of the case and your criminal history. The penalties for possession can range from a year of probation to 2-3 years in California State Prison.
Possession for Sales
Possession of a controlled substance is qualified as “possession for sales” when the following factors are met:
- Large quantities of the drug found
- Packaging of the drug in separate baggies
- Scales
- A large amount of cash, usually in small denominations
- Suspiciously high foot traffic to your place of residence resulting in very short stays
What the prosecutor must prove in a possession for sales charge is intent. They must prove you had the intent to sell drugs. A skilled San Diego criminal defense lawyer like Bradley Corbett will defend the charge, either working for acquittal or for the lesser charge of personal possession of a controlled substance.
Possession While Driving
Unfortunately, the war on drugs here in California has sent many innocent people to prison, many of which were charged with possession while driving. Possession while driving in California can be considered selling or transporting a controlled substance if the right metrics and conditions are met.
Avoid the penalties and fines that you may not be guilty of. Call or visit the Law Offices of Bradley R. Corbett to learn more about how we can help with your possession case. Our team of experienced legal professionals will strive to provide you the defense you deserve.
