If the police recently arrested you for possessing a controlled substance in Fresno, you face serious charges with life-changing consequences. The charge can result in a criminal conviction, a possible lengthy jail term, and a hefty court fine. It could also result in life-altering consequences like a damaging criminal record and infringing on your rights to firearms. That is why you need legal representation to understand the gravity of your charges, your options, and how to fight them.

Our criminal lawyers at California Criminal Lawyer Group have the skills and experience you need to obtain a favorable outcome for your case. We use the best strategies to fight your charges and defend you in a trial. With our assistance, you can compel the court to dismiss or lessen your charges.

What is a Controlled Substance?

A controlled drug is an illegal drug or prescription medication listed under the Controlled Substances Act. The law sometimes controls prescription medications because they must be used under the direction of a medical practitioner. If not, they can cause addiction, and the user can abuse them.

Controlled substances are not just drugs that the law must regulate. They also include chemicals used to manufacture some of the illicit drugs. Thus, you could face criminal charges for having a controlled drug or a chemical used to make a controlled drug. Here are examples of some of the drugs and chemicals listed under controlled substances:

  • Hallucinogens, like mushrooms and LSD,
  • Opiates,
  • Cocaine,
  • Ecstasy, and
  • Heroin.

Some of the prescription drugs considered controlled substances are:

  • Vicodin,
  • Morphin,
  • OxyContin, and
  • Codeine.

In California, controlled substances are classified under Five Schedules according to their potential for addiction and abuse:

  • Drugs under Schedule I are considered the most dangerous controlled substances because they do not have any medicinal value but have the most significant potential for addiction and abuse. They include ecstasy, cocaine base, and heroin.
  • Schedule II substances have a significant risk of addiction and abuse, but not as much as those under Schedule I. They include OxyContin, morphine, cocaine, Ritalin, and methamphetamine.
  • Drugs under Schedule III also have significant potential for addiction or abuse, though they have medicinal value. Examples include testosterone, steroids, pentobarbital, and other types of stimulants.
  • Schedule IV drugs are mainly prescription medications with a higher risk of addiction and abuse. They include Ambien and Tramadol.
  • Schedule V drugs are controlled substances with the lowest potential for addiction and abuse. They are safe if used moderately. An example is codeine, which is used in most cough suppressants.

Note: Even though alcohol carries some of these controlled substances' properties, it is not considered a regulated substance under the Controlled Substances Act.

Legal Definition of Possessing a Controlled Substance

The law against possessing a controlled drug is under Health & Safety Code 11350(a). It makes it an offense to possess any substance listed under the Controlled Substances Act illegally. Illegal possession means you are not authorized to have that kind of substance. The crime is generally a misdemeanor, punishable by time in jail and a court fine. But the judge can place you in a drug diversion program, where you undergo treatment and rehabilitation instead of serving your time behind bars.

But the prosecutor must first prove that you possessed or controlled a regulated substance or narcotic. If the regulated drug in your control was a prescription medication, the DA must prove you did not have a valid prescription. Here are elements of this offense that the DA must prove for the judge to deliver a guilty verdict after the trial:

  • You had a regulated substance when the police arrested you.
  • You did not have a valid prescription for the drugs in your possession.
  • You knew that the substance was in your possession.
  • You knew about the substance’s nature as a regulated substance.
  • The drugs were in usable amounts.

To understand this legal definition even better, let us look at some of these facts in more detail:

A Controlled Substance

You will only face charges under this law if the substance in your possession is a controlled substance as defined under the Controlled Substances Act. Remember that a regulated substance is a chemical or drug whose use, control, and manufacture are controlled by the law. Some of the most common substances people illegally possess in Fresno are:

  • LSD.
  • Cocaine.
  • Heroin.
  • Peyote.

You could also face charges under this law for illegally possessing a prescription drug without a valid prescription from a medical practitioner. Examples of prescription drugs whose possession could result in these charges are:

  • Oxycodone or OxyContin.
  • Hydrocodone or Vicodin.
  • Valium.
  • Ketamine.
  • Codeine.
  • Xanax.

Note: The illegal possession of marijuana and other stimulants is not covered under this law but is different. For example, you will face charges under HS 11357 if you are arrested for illegally possessing marijuana. The illegal possession of methamphetamine is covered under HS 11377.

The Possession

HS 11350(a) only makes it unlawful for you to be in possession of a regulated substance. Being in possession of a regulated substance means that you control it, personally or through someone else. Note that you can have the substance in your hands, pocket, bag, or other location. What matters is that you control the substance.

Your possession of the substance can be actual, whereby you have direct control. For example, if you carried it in your hands, on something you were wearing, or in the bag/parcel you were carrying, You could also be in constructive possession of the substance if it is under your control but not in your direct possession. For example, if the substance is in a cabinet in your house, locked in your office desk or locker, in the trunk of your car, or in a bag that belongs to you.

You could also jointly possess a regulated substance with someone else if both of you control the substance.

Note: Agreeing to carry, deliver, or buy a regulated substance does not mean you control it. You gain control over the substance once it comes into your possession.

The Knowledge

This statute also needs you to have some type of knowledge regarding the substance under your control. First, you must know its presence on your person, property, or anywhere else you have kept the substance. If someone puts some illegal substance in your vehicle without your knowledge, you will not be guilty under this law because you lack knowledge about the substance’s presence.

You must also know the substance’s nature as a regulated substance to be guilty under this law. You do not need to know the exact type of controlled substance, but knowing that the drug is illegal is enough for the prosecutor to obtain a conviction.

But it can be challenging for the prosecutor to prove knowledge in such cases. Most suspected offenders will claim their lack of knowledge to avoid criminal charges. That is why the law allows implied knowledge to prove cases like these. For example, did you flee from the police when they stopped you? Were you nervous when the police questioned you? Were you reluctant to show the police what you carried in your hands, pocket, backpack, parcel, or vehicle? If yes, it could imply that you were aware that whatever was in your possession was an illegal substance.

Usable Amounts

The prosecutor must also prove that the controlled substance under your control was in usable amounts. By that, the DA must prove that the substance was enough for use as a regulated drug. If you only had traces of the drug in your bag, pocket, vehicle, or locker, it would not be enough to obtain a guilty verdict.

Note: Usable quantities of drugs do not mean that the strength or quantity of the substance is enough to make you or another person high. A substance can be in usable amounts but still not be enough to intoxicate you.

An Analog of an Illegal Substance

You could face charges under this statute for possessing an analog of an illegal substance. An analog can be one of the following:

  • A substance with the same chemical structure as a regulated substance.
  • A substance that will likely affect your central nervous system the same way or even more than a regulated substance.

Defending Yourself Against HS 11350(a) Charges

You can defend yourself against your charges after an arrest for possessing a controlled substance. You will likely put up a good fight if you seek the help of a skilled criminal lawyer. Criminal lawyers can use some defense strategies that, if used well, can compel the court to dismiss or reduce criminal charges. You can quickly obtain a fair outcome with an aggressive lawyer. Here are some of the best strategies your lawyer can use in your case:

You Did Not Possess a Controlled Substance

You are guilty under this statute if the police arrest you for possessing a controlled substance. Remember, the legal definition of possession is having control over the substance. You are not guilty if you did not have control of an illegal substance despite having it on your person, vehicle, house, or any other property. Also, remember that possession can be actual, constructive, or shared with someone else. If the prosecutor cannot prove that you were in control of a particular controlled substance, you are not guilty.

For example, if the police found the substance in a house you share with two other people, one of your roommates or both could be guilty of possessing it.

You Had a Legal Prescription

If the police arrest you for possessing prescription medicines regulated under the Controlled Substances Act, you are guilty under this statute if you cannot produce a valid prescription for them. A valid prescription is a written document authorizing you to purchase particular medications. A licensed physician, pediatrician, dentist, or veterinarian must issue it.

In such cases, the prosecutors bear the burden to prove in court that you do not have a legal prescription for the drugs in your possession. They can do so by arguing that the person who issued the prescription is not registered and has no authorization to issue a medical prescription.

But an aggressive criminal lawyer can counter the prosecutor’s evidence with more compelling evidence that the prescription is valid and that you only obtained the prescribed drugs in the prescribed dosages. In that case, the judge can dismiss your charges.

The Search and Seizure By The Police were Illegal

Most drug-related cases are proven by evidence obtained by the police through searches and seizures. The police obtain a search warrant from the judge after demonstrating probable cause. The warrant gives them the authority to search your person and property. But they provide the limits by which the police must abide. An illegal search and seizure occurs if the police search your person or property without probable cause or a valid warrant. It could also happen if the police go beyond the limitations of a search warrant.

A skilled attorney can use that to compel the court to throw any evidence obtained through an illegal search and seizure out of court. That could leave the prosecutor with minimal evidence to prove the case beyond a reasonable doubt.

You Only Had Temporary Possession of the Substances

While temporary possession of a regulated substance is still unlawful under this statute, you can use it to defend your actions if you intended to hand the substances over to the police or dispose of them. But you must aggressively convince the jury that you did not intend to use, share, or sell the controlled substances for the judge to accept your defense. If you did not intend to keep or use the drugs in any way and can prove that you only came across the substances when the police arrested you, the judge can dismiss or lower your charges. But if you only tried to dispose of the substances because the police were about to arrest you, the judge could find you guilty.

Your Arrest Was Illegal

An illegal arrest cannot result in a criminal conviction. Thus, you can use it as a defense to avoid a conviction and its severe consequences. You can use evidence to prove that your arrest was illegal. For example, if the arresting officer did not have probable cause to stop, search, and arrest you for drug possession. You can cite that the officer suspected you of drug possession only because of your physical appearance or the kind of car you were driving.

Your arrest could also be illegal if the arresting officer questioned and gathered evidence from you without reading your Miranda rights. If the officer violated your rights, an aggressive criminal lawyer can compel the court to dismiss any evidence the officer could have gathered against you. That could make it hard for the prosecutor to prove your case.

Possible Penalties for Convictions Under HS 11350(a)

Simple possession of a regulated substance for personal use is generally a misdemeanor, punishable by the following:

  • One year in jail.
  • $1000 in court fines.

In some situations, the prosecutor can file felony charges under HS 11350(a), for example, if you have a prior felony conviction for a serious sex offense. If the judge finds you guilty of a felony under this statute, you could receive a jail sentence of up to three years.

If you are lucky, the judge could send you for treatment and rehabilitation under a drug diversion program. You will likely qualify if you are guilty of a non-violent drug crime. You will undergo treatment instead of serving your sentence behind bars.

Drug Diversion Programs

Drug diversion programs for drug-related offenders are under PC 1000. They are pretrial programs mainly available for those found guilty of possessing controlled substances for personal use. These programs allow non-violent offenders to receive education and treatment instead of serving their sentence in jail. A rehabilitated person can return to society changed and will be least likely to offend again.

Once you successfully go through a drug diversion program, the judge will dismiss all your charges, leaving you without a criminal record. Thus, your conviction will not affect your life in any way. You will also not face criminal charges for the same offense again unless you offend again.

But you must be eligible for the judge to place you on a treatment and education program instead of sending you to jail. The main qualification requirement is to face charges for possessing a controlled substance. It means that the drugs in your possession should only be for personal consumption, not for sale, sharing, or giving away. If the judge finds you guilty of possessing narcotics for sale, you will not be eligible for treatment under the drug diversion program.

Additionally, you must meet the following conditions for the judge to send you to the program:

  • You should not have a conviction for a serious drug crime on your record in the last five years; that is a conviction that does not qualify you for the drug diversion program.
  • The details of your case must not involve violence or threats of violence.
  • The details of your case must not include evidence of an additional and more severe drug offense, like possession for sale of a controlled substance.
  • You should not have had any felony convictions in the previous five years.

Other Consequences of a Conviction for Possessing a Controlled Substance

A drug possession conviction can affect your immigration status. Under the law, some convictions could result in deportation or being considered inadmissible for non-American citizens. These convictions include some drug-related convictions. Depending on the facts of your case, your conviction under this law can result in deportation and being inadmissible to the United States.

A conviction for drug possession could also negatively impact your gun rights if the prosecutor files felony charges under HS 11350(a). It is unlawful for a felon to possess or purchase a firearm. You could lose your gun rights temporarily or permanently, depending on the details of your case. If you have a weapon under your name, you must sell it to a registered firearm dealer or surrender it to the police right after your conviction.

A conviction for a drug offense will significantly impact your life, even after you serve your term. It will leave you with a damaging criminal record that could affect several aspects of your life. For example, it could be a challenge to find suitable employment when you have a criminal record. It is because some employers conduct background checks on potential employees before hiring them. Some landlords also perform background checks on tenants before renting or leasing to them. That could make it hard to find a good neighborhood to rent.

That is why you should consider filing for expungement after serving jail time following a drug possession conviction. An expungement will eliminate all the negative consequences and disabilities of a criminal conviction. No one will know about the sentence, even if they conduct a background check on you. Thus, employers and landlords will not make a hiring or renting decision based on your criminal past after a successful expungement.

Find a Competent Criminal Lawyer Near Me

Do you or someone you love face drug possession charges in Fresno?

Possessing a regulated substance is severe, with serious repercussions for those convicted. It could result in jail time, hefty court fines, and a damaging criminal record. But you can change the outcome of your case by working closely with a skilled criminal lawyer.

We recommend our services at California Criminal Lawyer Group if you seek competent legal help navigating the complex legal process and compiling an aggressive defense against your charges. Our lawyers are highly trained and experienced in handling various drug charges. We can smooth the process for you and use the best legal defense strategies to obtain a fair outcome. Call us at 559-712-8377 for more details about our services and what we can do for you.