Drug Possession Defense Attorney San Diego
Drug possession is a serious matter.
In California, drug possession can be either a misdemeanor or a felony offense. But it is a serious matter because you can also be charged with transportation or selling a controlled substance, crimes which carry even stiffer penalties. In building your defense, we will focus on what happened during search and seizure. If any evidence was illegally obtained, we find out and get that evidence thrown out. Not every lawyer has search and seizure experience. You need you need an experienced San Diego drug possession attorney like the Law Offices of Elliott N. Kanter.
It’s your future. Call the Law Offices of Elliott N. Kanter at 619-330-5881
for a no-cost, no-obligation consultation.
Is it a misdemeanor or felony?
The type and amount of the drug in question helps determine if the crime is charged as a misdemeanor or felony.
We will focus on determining if any evidence was illegally obtained.
- Marijuana – Misdemeanor if you’re caught with a small amount. Large amounts may be charged as a felony.
- Heroin, ecstasy or cocaine – Felony. Penalties for possessing large amounts include a mandatory minimum 1 year in prison.
- Methamphetamine, crack, GHB, and prescription drugs such as codeine or vicodin – Felony. Most likely time in prison as well.
What can happen in a drug possession case.
You just have to be in possession of the drug to be charged. You don’t have to be using, selling, or under the influence of the drug. In fact, the drug doesn’t even need to be on your person when you are arrested; it can be in your car or house. You could face up to 3 years in a state prison.
What an experienced San Diego drug offense attorney can do for you.
An experienced San Diego drug possession attorney like the Law Offices of Elliot N. Kanter is familiar with legal and illegal search and seizure. We will look at reducing the charges or getting them thrown out due to illegal search or violation of your rights by law enforcement officials. Some errors in the prosecution’s case may include:
- Fourth Amendment violations
- Warrants issued without probable cause
- Wiretapping and other illegal surveillance
- Miranda Rights warnings omitted, abridged, or defied by police and prosecutors
- Statements and evidence illegally obtained or improperly allowed at trial
The first thing to do: give us a call.
There’s so much at stake when you are charged with a drug offense. So don’t hesitate to call the Law Offices of Elliott N. Kanter for at 619-330-5881 for a no-cost, no-obligation consultation today. Come in, tell us your side of the story, and together we’ll get started.