California State administers serious punishments for people found guilty of drug possession and has even harsher penalty for those culpable of possession with intent to distribute. If you have been accused of a drug possession crime, it is essential that you hire a veteran drug crimes lawyer right away to start with the investigation of your case. At The Levy Law Firm, we offer our clients the best legal representation to see their charges reduced or even dismissed.
Drug possession is a common allegation in California State. If an individual has any kind of unlawful drugs on them, they could be charged with drug possession. A superior charge to drug possession is possessing with intent to distribute or sell.
For marijuana and controlled substances, there are several requirements for a person to be found guilty of possession. They include:
Possession does not have to be real possession; constructive possession is considered as well. This is to say that you do not actually have to be having the item or drug on you. For instance, if you are in your house and the police officers come in with a search warrant and they find a controlled substance or drugs in one of the rooms in your house, they will charge you with drug possession arguing that you have constructive control over the drugs or controlled substance.
The prosecution has to prove that the defendant knew of the presence of the drugs. Proving this is difficult for the prosecution and without any statements or any admissions from the accused, a qualified lawyer can show that there is completely no prove that the defendant knows of the presence of the substance or its character.
Intent is a state of mind, therefore very difficult for the prosecutor to prove if there is no hard evidence. The prosecution will set a trap for the defendant or look through their email or phone for proof that the defendant had the intention to distribute or sell the drugs or controlled substance. A skilled lawyer can argue and prove to the court that the accused did not have the intent to sell the drug. This is particularly easy if there is no evidence pointing out that the accused was intending to distribute the drugs.
If you or someone you love is accused of drug possession or possession with intent to distribute, contact Robert E. Levy to get legal help. He has many years of practice dealing with every type of drug crimes. Robert E. Levy knows exactly what you are up against and he will fight aggressively to protect your rights. Often, drug crimes involve tainted evidence and unreliable witnesses, therefore, you require an attorney with a confirmed track record and skill to spot and underline any weaknesses in the case.
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