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Drug Possession Personal Use

Counsel from Our Walnut Creek Drug Crimes Lawyer

Drug possession occurs when someone knowingly possesses a controlled substance with the knowledge that what they are possessing is a controlled substance. This crime can be charged as either a misdemeanor or a felony depending on: 1.) what type of controlled substance was involved and 2.) how much of the substance was involved. There are other factors that go into charging as well such as prior record, cooperation with the police, and determination to get treatment.

If you have been charged with drug possession, then the time to start exploring your defense options is now. At Thomas Daly Law, A Professional Corporation, we know what the stakes are for defendants in these cases and what strategies are available to them as they confront the allegations against them. Our dedicated and proven Walnut Creek drug crimes attorney is ready to assess the details of your case and provide a robust, compelling defense that makes your concerns and future a priority.

The time to take action is now. Contact our offices today to request a free, confidential case evaluation.

Fighting Your Charge

First and foremost, our firm will look into challenging the state's case against our clients. Drug possession cases are particularly vulnerable to Fourth Amendment (search and seizure) issues. The "type" of possession alleged at the scene will also be critical in determining defense options.

Two different types of possession include:

  • Actual possession: This occurs when the controlled substance is found on the accused's person—either in a garment pocket or bag they are holding at the time, or hidden elsewhere on their body.
  • Constructive possession: This occurs when controlled substances are found in a location the accused controls. If a controlled substance is found in the office, vehicle, or home of the accused, for example, prosecutors will argue that it can be reasonably assumed that those drugs belong to accused.

New Laws. New Sentences.

Thanks to legislation there are many sentencing alternatives available for drug possession crimes, especially for a first time offender. Even if there's a conviction, there are many options that will enable a defendant to not only get clean and sober but also will allow them to ultimately have their cases dismissed if they successfully complete the program.

Thomas Daly Law can help you navigate your drug possession charge. He's well-versed in the defenses that can help you beat this case, he knows the sentencing laws and programs so that you can get the best deal possible, and he knows how to get people into rehabilitation so this won’t happen to you again.

Our firm is ready to confront these charges against you. Call us at (925) 208-4801 today to discuss the details of your case.

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