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Possession of Drugs for Personal Use

Are you facing Drug Possession charges in Los Angeles?

Possession of drugs for personal use is a misdemeanor under California Health and Safety Code 11350. Pursuant to this statute, anyone who possesses any controlled substance, unless they have a written prescription from a physician or dentist, licensed to practice in this state, shall be punished but up to one year in county jail.

California Health and Safety Code 11350 applies to a variety of recreational drugs, including, heroine, LSD, cocaine, along with unprescribed prescription drugs, including, oxycodone, Vicodin and codeine.

If you are facing charges for possession of drugs for personal use in Los Angeles, or surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of possession of drugs for personal use?

To be found guilty of possession of drugs for personal use under California Health and Safety Code 11350, the prosecution must prove that you;

  • Knew of the presence of the substance;
  • Possessed a usable amount of the substance;
  • Did not have a valid prescription for the substance; and
  • Knew the substance was in fact a controlled substance.

It is important to note that California Health and Safety Code 11350 does not include marijuana, stimulants, or methamphetamine. Possession of methamphetamine is charged separately under Health and Safety Code 11377(a).

How can I defend myself against charges for possession of drugs for personal use?

Being charged with possession of drugs for personal use can be frightening and can come with a harsh stigma. A skilled Los Angeles criminal defense attorney can help you defend yourself, protect your reputation and potentially get your case dismissed. Some of the most common legal defenses to possession of drugs for personal use are that;

  • You were arrested after an unlawful search and seizure
  • You had a valid prescription for the drugs
  • You were unaware of the presence of the controlled substance
  • The drugs belonged to someone else

Just because you have been accused of, or charged with possession of drugs for personal use does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth at 424 272 1134 to discuss how to best defend your case.

What are the Penalties for Possession of Drugs for Personal Use?

Under California Health and Safety Code 11350, a conviction for possession of drugs for personal use is punishable by;

  • misdemenaor probation,
  • up to one year in county jail,
  • a maximum fine of $1,000.

Additionally, a skilled Los Angeles criminal defense attorney may be able to get your case dismissed if you are willing to enter a drug treatment program.

Can I Qualify for Diversion or Alternative Sentencing?

If you meet certain criteria you may be eligible for drug diversion, or deferred entry of judgement (“DEJ”) in lieu of probation or jail time. This alternative sentence is available under California Proposition 36 and under Penal Code 1000. You will be required to enter a no context plea, and complete terms imposed by the court. If you complete these terms your case will be dismissed. You may be eligible if you;

  • Have never had parole revoked
  • Have no prior convictions for violent or drug related crimes
  • Do not have any felony convictions within the last 5 years
  • Have not competed a drug diversion program within the last 5 years
  • Are not charged with an additional charge that disqualifies you from DEJ

Contact Los Angeles criminal defense lawyer miles booth

It is important to have a professional and skilled defense attorney by your side. Miles Booth has successfully handled a wide variety of drug related cases resulting in a dismissal or a charge reduction.

As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. Miles Booth has handled thousands of cases all throughout Los Angeles County. He has substantial knowledge and experience, and will aggressively fight to get you the absolute best outcome possible.

If you are facing charges for possession of drugs for personal use in Los Angeles County, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

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"Miles was an excellent resource and amazing attorney. He is honest, and extremely professional. He got several of my cases dismissed, and takes his time with his work. I would recommend him to anyone looking for someone awesome."

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Contact Miles Booth

Criminal Defense Lawyer
Phone:
424 272 1134
Email:
miles@boothdefense.com
Address:
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Los Angeles, CA 90034
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