California Drug Possession Charges

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If you have been arrested for or charged with a drug possession offense in California, an aggressive and experienced lawyer can help you avoid the devastating consequences of a drug crime conviction. At Campbell Whitten, we are committed to protecting the rights, reputations, and futures of all our clients. Our Bakersfield criminal defense attorneys can thoroughly review your case and determine all of your available legal options in order to either get your entire case dismissed or your charges reduced.

Penalties & Sentences After Prop 47

Whether actual or constructive (i.e. having access or being near), possession of a controlled substance refers to having drugs under your control. In November 2014, California voters passed Prop 47, which reduces most simple drug possession arrests from possible felony charges with state prison time to misdemeanor offenses.

Any simple possession of the following drugs can result in a misdemeanor charge:

Cocaine
Heroin
Methamphetamine
MDMA or ecstasy
LSD
Mushrooms
Prescription drugs without approval from a physician

If convicted of drug possession in California, you face a maximum county jail sentence of one year and a fine of up to $1,000. But if you have a prior conviction for any serious felonies or for a sex crime that subjects you to California’s sex offender registration requirement, you will face felony penalties that include a prison sentence of 16 months, two years, or three years.

Request a Free Consultation to Discuss Your Options!

In many cases, drug possession charges can be addressed through negotiated resolutions, such as diversion programs, in order to avoid criminal convictions. In other cases, challenging probable cause and the methods law enforcement used to obtain evidence can result in dismissal of charges. If the case goes to trial, our Bakersfield criminal defense lawyers are ready to fight aggressively on your behalf.

Contact us and discuss your legal options right away!

Commonly Asked Questions

What options do I have if I am charged with drug possession in Bakersfield?

If you are charged with drug possession in Bakersfield, you have several legal options available to you. One potential route is to seek a negotiated resolution, such as entering a diversion program, which can help you avoid a criminal conviction. Additionally, your attorney can challenge the probable cause for your arrest or the methods used by law enforcement to gather evidence, which may lead to a dismissal of charges.

Can I get my drug possession charges dismissed?

Yes, it is possible to have drug possession charges dismissed in California, depending on the circumstances of your case. An experienced attorney can evaluate the details surrounding your arrest, including the legality of the search and seizure conducted by law enforcement. If there were violations of your rights or insufficient evidence, your attorney may be able to file a motion to dismiss the charges. Additionally, exploring options like diversion programs can also lead to a resolution that avoids a conviction altogether.