Do you need a Criminal Defense Attorney in Fresno? If you have been arrested or charged with a drug crime, including possession, it is essential to obtain legal counsel for help from a Drug Possession Lawyer right away.
What is Drug Possession?
Illegal drug possession, also known as possession of a controlled substance, is when you possess illegal drugs or certain legal but regulated (controlled) drugs without a valid prescription for personal use.
At the state level, drug possession cases fall under California Health and Safety Code 11350, which identifies the many drugs that are considered illegal substances. Both California and federal law separates controlled substances into the following classifications depending on the type of drug it is:
Schedule I Controlled Substances (drugs with no currently accepted medical use and a high potential for abuse) include:
- heroin
- cocaine
- certain opiates and opium derivatives
- peyote
- cannabis/marijuana (Note: possession of marijuana is legal in California with a quantity limit of 28.5 grams, about an ounce. You can still face drug possession charges if you have more than that, or if you have it on federal lands or property.)
- lysergic acid diethylamide (LSD)
- methylenedioxymethamphetamine (Ecstasy)
- methaqualone
Schedule II Controlled Substances (drugs with a high potential for abuse and dependence) include:
- hydrocodone
- codeine
- morphine
- oxycodone
- fentanyl
- methamphetamine
- amobarbital and pentobarbital
Schedule III Controlled Substances (drugs with lower potential for abuse and moderate to low dependence):
- ketamine
- testosterone
- human chorionic gonadotropin (HCG)
- anabolic steroids
- Tylenol with Codeine
- Suboxone
Schedule IV Controlled Substances (drugs with a relatively low potential for abuse) include:
- Xanax
- Valium
- Ativan
- Soma
- Restoril
- Halcion
Schedule V Controlled Substances (drugs with a low potential for abuse) include:
- buprenorphine
- ezogabine
- Robitussin AC and other cough preparations with no more than 200 mg of codeine per 100 ml
“Simple possession” of a controlled substance means that the defendant exercised control over the drug, knew of the presence of the drug, knew that it was a controlled substance, and had a small amount of drugs such that it was intended for personal use without indications of intent to sell.
Possession of drug paraphernalia (equipment or material used to make, use, or hide illegal controlled substances) is a related offense covered under California Health and Safety Code 11364.
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Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Actual Possession
Actual possession means that you have direct control over the drug. This usually means that the drugs are on your person.
Constructive Possession
Constructive possession means that drugs were not found on your person but were found in an area that you are in control of, such as your home or your car.
Joint Possession
Joint possession is when you and at least one other person share in actual or constructive possession of the controlled substance.
Penalties for Drug Possession
Drug possession is usually a misdemeanor drug offense and includes the following penalties:
- Up to one year in a county jail<
- Up to $1,000 fine
However, you can face felony charges for drug possession if you have a criminal record with a prior conviction of murder, sexually violent offenses, sex crimes against a child under 14, gross vehicular manslaughter while intoxicated, or a sex crime that requires to be registered as a sex offender.
If charged as a felony the penalties include:
- Prison sentence of anywhere from 16 months up to 2 or 3 years
- High fines
Legal Defenses for Drug Possession
If you were in possession of prescription drugs with a valid prescription for yourself and used those drugs according to the prescription, then you can’t be guilty of drug possession.
Police have to have a valid California search warrant or probable cause in order to search you or your property. If they search you or your property with a valid search warrant, without probable cause, or search outside the boundaries of the search warrant, then it can be used a defense.
This defense works only if you possessed the drug to dispose of them to stop someone from possessing them unlawfully, and if you didn’t possess the drugs to prevent them from being taken away by law enforcement.
In order to be guilty of drug possession, you had to have known that you were in possession of a controlled substance and knew that it was a controlled substance.
Have you been illegally accused of drug possession? If you have been arrested or charged with a crime, it is essential to seek legal advice and obtain legal counsel for help right away. It’s important to take your charges seriously. Don’t just hope for the best. Hire an experienced drug possession lawyer in Fresno who understands your situation and the consequences you face.
Your Drug Possession Attorney in Fresno
I’m Mark A. Broughton, and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, Federal Drug Charges, Drug Manufacturing, Transportation/Distribution of Methamphetamine, and Possession for Sale to name a few.
Your Drug Possession Attorney in Fresno
I’m Mark A. Broughton, and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, Federal Drug Charges, Drug Manufacturing, Transportation/Distribution of Methamphetamine, and Possession for Sale to name a few.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – criminal cases involving everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
Other Qualifications:
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close attorney-client relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
Practice Areas
When you hire a criminal defense lawyer, you can expect to receive the benefit of their experience and expertise with criminal legal proceedings. Your lawyer will look at all the details of your case, form a strategy for fighting the charges against you, and speak for you to help you obtain the best possible outcome. You can expect your criminal defense lawyer to consider all the legal defenses for the charges you’re facing and explain all of your options. You should expect them to be ethical and honest with you, and for them to treat you with compassion and respect. You’ll get all of this when you hire Mark Broughton as your criminal defense lawyer, and you should accept no less from anyone else.
If you plead not guilty but are found guilty at trial, you will then receive sentencing. Sentencing may include imprisonment or probation, with or without fines. Even if you’re found guilty, your criminal defense lawyer can present arguments for a minimal or reduced sentence. If you are found guilty, you also still have the right to appeal your guilty verdict to try to get your conviction overturned. A good criminal defense lawyer will still fight to get you the best possible outcome.
A plea hearing is when you respond “guilty,” “not guilty,” or “no contest” to the charges against you. This happens in court before a judge, but it is not the actual trial itself. After you enter your plea, the judge will either release you with your promise to return to court for your trial, set a bail amount and send you to jail until the bail is posted, or send you to jail without a bail option. What the judge chooses is based on the seriousness of your charges, any past history, and a variety of other circumstances … including your plea itself. Your criminal defense lawyer will help you prepare for your plea hearing and explain all the options available to you in your specific case.
Whether it’s better to plead or go to trial depends on the specific details of your case and is a question that must be answered on an individual basis. This is an important decision and should not be made without fully considering all the facts of your case. You also should not make this decision on your own. Your criminal defense lawyer can help you determine which option gives you the best chance for the most positive outcome in your specific situation.
Criminal defense lawyers look for nuances of evidence and details in your case that may prevent you from being found legally guilty of the crimes you’re charged with. The prosecutor has to prove you committed the crime beyond a reasonable doubt … your criminal defense lawyer looks for things that support the reasonable doubt. They also look for procedures not properly followed and anything that they can use to give you a positive outcome. They look for holes and things missing in the case against you. A good criminal defense lawyer like Mark Broughton will look for everything they can use to fight for you.
If you’ve been legally accused of a crime, arrested, or are facing criminal charges that may result in jail time or other legal consequences, you should hire a criminal defense attorney as soon as possible. The criminal defense process can be complex and challenging, and you want someone on your side to help you through it and protect your rights … right from the start. It’s important to take your charges seriously and to hire a criminal defense attorney who understands your situation and the consequences you face. Don’t wait, and don’t just hope for the best. Get the help you need to get the best outcome possible.
If you’ve been accused or charged with a crime, you need an objective, experienced criminal defense lawyer on your side to help you defend yourself. You can’t just ignore the charges and hope they’ll go away. They won’t. And you can’t expect a business attorney or family law attorney to have the same skills as a Criminal Law Specialist. If you’re facing criminal charges, that’s the kind of lawyer you need on your side. Even better is a criminal attorney who has experience with the specific charges — DUIs, drug cases, sex cases, domestic violence, assaults, gang crimes, weapons charges, drive-by shootings, robberies, attempted murders, murders, etc. — that you’re facing. Mark Broughton is certified by the State Bar of California as a Specialist in Criminal Law.
It’s important that you feel comfortable with the criminal lawyer defending you and confident in their ability to get you the best outcome possible. You’ll have many questions running through your mind that you’ll want to ask. Here are 10 important questions that should be on your list:
- How long have you been a criminal defense lawyer?
- Do you have experience with the criminal charges I’m facing?
- Do you have experience with the court that’s handling/hearing my case?
- Do you hold any special certifications or qualifications that relate to the crimes I’m charged with?
- How big is your firm?
- Will I be working directly with you?
- Does my case have to go to trial?
- How much is working with you going to cost me?
- How often will I communicate with you?
- Why should I choose you to represent me?
If you go to trial and lose, the next step is the sentencing hearing. The sentencing hearing is when the judge will impose your sentence after hearing additional arguments from your defense lawyer and the prosecution about the appropriate penalty based on the proven facts and situation of your specific case. A good defense lawyer will still fight for you to get the best possible sentence for your circumstances. Even if you have been found guilty, you still have the right to fair sentencing, so it’s important to hire a defense lawyer who will continue to fight for you all the way through.
It’s not up to the defense lawyer if your conviction will be overturned. That ruling is made by the appellate court. But your defense lawyer can and should give you their professional opinion as to whether there are grounds for appeal and what the possible, and likely, results of an appeal may be. Other ways to overturn a conviction include filing a motion for a new trial or filing a writ of habeas corpus. Your defense lawyer can advise you on what approach is appropriate for your specific case.
Your defense lawyer can file motions to suppress evidence and get it thrown out, however, it’s the court’s decision whether to grant or deny the motions. There are different arguments a criminal defense lawyer can make to get evidence thrown out, and an experienced attorney like Mark Broughton will know which ones apply to your case and the evidence obtained against you. A good criminal defense lawyer will fight for you, including getting as much evidence thrown out as they can.
