Possession of a Controlled Substance: What The DA Must Prove Part II

Criminal Defense Lawyers in Orange County

 

In my previous blog I discussed the elements of the offense of “possession of a controlled substance” that the District Attorney must prove in order to get a conviction for Health and Safety Code Section 11350. Orange County criminal defense attorneys will tell you that the elements that the DA must prove by evidence beyond a reasonable doubt are: 1) that the person being charged exercised control and dominion over the controlled substance; 2) that the person know of the controlled substance’s presence; 3) that the person charged knew that the drug possessed was an illegal drug; and 4) that there was enough of the drug at issue, (e.g., heroine, xanex, cocaine, methamphetamine, etc.), to be used as a controlled substance.

 

In my previous blog I discussed the first element—that the defendant had dominion and control, whether actual or constructive, over the controlled substance. A competent drug defense lawyer knows the second element of the charge requires that the DA prove the defendant knew of the drug’s presence. For example, if a friend leaves a package in your house, and the package contains a controlled substance, the DA must prove that you KNEW that the package contained the illegal controlled substance before you can be convicted of the offense. If someone were to hand you a bag that contained methamphetamine, the DA would have to prove that you KNEW the bag contained methamphetamine before you could be convicted of possessing it. This element can, of course, be proven by circumstantial evidence.

 

For example, if the police also found paraphernalia on your person used for smoking methamphetamine, you have a prior conviction for sales of methamphetamine, you are on felony probation for manufacturing methamphetamine, and you ran when the police officer approached you, this would be sufficient circumstantial evidence to convince a jury that you knew the bag contained methamphetamine. Orange County drug defense attorneys will tell you that there is a narrow exception that does allow you to possess otherwise illegal controlled substances. If you possess the drug. If, for example, you found a bag of cocaine in a playground, you could legally possess this cocaine if your purpose was to dispose of or destroy the cocaine or otherwise prevent other people from unlawfully possessing it. This is a recognized exception to the law prohibiting possession of illegal drugs like heroin, cocaine or methamphetamine.

 

If you are being charged with selling, transporting or giving away,  manufacturing drugs, possession with intent to sell, drug sales, or drug possession of a controlled substance, call The Law Offices of EJ Stopyro to speak to an experienced Orange County criminal defense lawyer. The consultation is free and confidential. You can also visit us at www.ejesquire.com. We have meeting offices throughout Orange County and our main office is located at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675