Drug Sales and Possession

I’ve been caught with drugs! What defense could I possibly have?

Getting caught with drugs can mean substantial time in custody. You should know that just because you’ve been caught with drugs—even for the purposes of sales—does not mean you don’t have a defense. Your case could be dismissed if you’ve been searched illegally, you have a lawful prescription or your possession was for personal use and you successfully complete drug program.

THE RIGHT TO BE FREE FROM ILLEGAL SEARCH AND SEIZURE

The U.S. Constitution provides everyone the right to be free from unreasonable searches and seizure. If you’ve been stopped with reasonable suspicion and searched without probable cause, any drugs found on your person or property cannot be used as evidence in your case. Without evidence, your case will be dismissed!

Did you know that you have the right to refuse a consensual encounter with a police officer who wants to talk to you? Did you know that if you agree to speak with a police officer, that officer may be able to conduct a “pat down” of your person for the purposes of locating weapons but not for drugs? If drugs are found, they may not be admitted against you in evidence, and your case will be dismissed!
These questions regarding your rights can only be answered by a skilled attorney. Christopher J. McCann will carefully review your case and determine what “search and seizure” issues you have in your case, and if your rights have been violated, he will fight to have your case dismissed.

MEDICINAL MARIJUANA AND THE COMPASSIONATE USE ACT

In 1996, California voters approved Proposition 215, often referred to as the “Compassionate Use Act”. As codified in Health & Safety Code 13621.5, for those with qualifying medical conditions, and their caretakers, possession of marijuana for medicinal purposes provided an “affirmative defense” to charges of drug possession and even possession for sale. If you have been diagnosed with an eligible condition, and have been provided a recommendation by a qualified physician (typically in the form of a “prescription card”), you or your caregiver can lawfully possess marijuana for your personal medicinal use. While courts recently threw out arbitrary government limits on the amount one could possession, a “prescription” for medical marijuana does not allow one to either possess an amount clearly in excess of that needed for treatment or, in any case, to possess marijuana for purposes of selling to others.
A “Compassionate Use Defense” is a very technical defense and is not present in every case. You should consult with a knowledgeable attorney like Christopher J. McCann to see if these issues apply in your case.

PROPOSITION 36, DEFERRED ENTRY OF JUDGMENT (“P.C. 1000”)

For many first time offenders, possession for personal use of most drugs does not mean time in jail or a permanent criminal record. Thanks to court programs such as Prop. 36 and Deferred Entry of Judgment (often referred to as “DEJ” or “P.C. 1000”), you may be able to get your case dismissed by completing a court-ordered drug program. Depending on the circumstances of your case and prior criminal history, however, not every case or defendant is eligible. For example, for those charged with possession of drugs for sale, unless your charges are reduced to personal possession, a drug program dismissal is not available. 
Because of the technical nature of these rights and defenses, you need to contact the Law Offices of Christopher J. McCann and schedule a free consultation to discuss your case with Mr. McCann and which defenses or strategies are best for your case. 
Contact us now! E-mail me at: cjmlaw@gmail.com, or call us at: (949) 596-0060