Drug Possession: What The Prosecution Must Prove

Orange County criminal defense lawyer

Not ALL drugs are illegal. In fact, only the chemical compounds explicitly listed by the California Health And Safety Code can result in criminal prosecution in the Orange County courts. Any Orange County drug defense attorney knows that the substances listed in the code are called “controlled substances”.  The most common controlled substance or drug cases in Orange County are cocaine, heroin, marijuana, and various amphetamines and barbiturates.

Some controlled substances are not illegal drugs as long as you have a prescription for them. Orange County drug defense lawyers will tell you that other controlled substances can never be legally possessed by the public. Marijuana can be legally possessed as long as one possesses it for the purpose of addressing their medical condition. In that case, one may legally cultivate and possess as much marijuana as their medical condition requires.

criminal defense lawyer in Orange County are all to familiar with the fact that the most common drug crime in Orange County is possession. In order for the Orange County District Attorney to convict you of drug possession for personal use they must prove the following: 1) that you exercised control over the drug; 2) that you knew of the drug’s presence; 3) that you knew it was a controlled substance; and 4) there was enough drug to be used or sold as a controlled substance. I will go into greater depth of each of these elements in future blogs.

It is known among Orange County criminal defense lawyers that although both the federal and state authorities have jurisdiction to prosecute drug crimes—the federal government’s authority is found in Title 21 of the United States Code—almost all possession crimes not occurring on federal land are prosecuted in the California state courts. However, crimes like drug sales, manufacturing, and transporting are routinely prosecuted by both jurisdictions. Often, the decision on whether to prosecute a drug crime on the federal or state stage depends on the amount of the drug. A larger amount will more likely result in a federal prosecution. This is bad news for the defendant as a federal sentence is usually much longer than one handed down by a state court such as the Orange County Superior Court. Federal guidelines are quite severe and often require lengthy sentences as mandatory minimum sentences.

If you are facing charges for a drug crime in Orange County, call the Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation with an experienced Orange County drug defense lawyer. Or visit our website at www.EJEsquire.com.