Can You Be Charged for Drugs That Aren’t Yours in California?

In this article, you can discover…

• The definition of “constructive possession” under California law.
• The types of evidence that prosecutors rely on to prove drug possession charges.
• Defenses that may apply after you are caught with drugs that are not your own.

What Is “Constructive Possession” Under California Drug Possession Laws?

“Constructive possession” applies when illegal items, such as drugs, are found in your vehicle, home, or apartment and are therefore assumed to belong to you. The drugs may not belong to you at all; they may belong to a friend who rode in the backseat of your vehicle last night. But because they were found in your car, the burden is now on you to prove those drugs were not yours.

For example, I had a recent case where a client was renting a room in his home to someone, and this person had some weapons. They weren’t storing these weapons in the rented room, however, but in a closet in a common area of the home. Constructive possession now came into play, and my client had to prove the guns were not his. That can be a very difficult thing to prove.

This is why it is best to get in touch with a lawyer as soon as possible if you are charged with possession. Consulting with an attorney can help ensure there are not any additional issues that could complicate your case, lead to additional charges, or bring up questions of constructive possession.

What Evidence Do Prosecutors Rely On To Prove Drug Possession Charges In California?

Prosecution relies on evidence such as illegal drugs found during a search, or other items that indicate illegal drug sales, such as baggies, scales, large quantities of cash, or (in years past) ledger books detailing what was sold. Today, these ledgers are increasingly digital or tabulated on apps.

In all, the police will look at anything and everything that might indicate the sale of illegal drugs. In California, the mere possession of drugs is not as heavily prosecuted as it once was, but the apparent intent to sell illegal drugs is still prosecuted strongly.

Attorney Matthew Cargal is a skilled, respected criminal defense attorney serving California. Since 1992, he’s helped clients just like you take proactive, strategic steps when caught with drugs or other illegal items that did not belong to them.

Have questions, or in need of practiced legal representation? Reach out to The Law Offices Of Matthew Cargal for an initial consultation today.

How Does Location Affect California Drug Possession Charges Involving Cars, Homes, Or Public Spaces?

Location can have an impact on charges. For example, you have a greater expectation of privacy with regard to your home or vehicle than you do in a public place, such as a park. If you are searched in public, the police do not need a warrant. If they are searching your home or vehicle, they will at least need probable cause, if not a warrant.

What Legal Defenses May Apply When I Am Accused Of Possessing Drugs That Were Not Mine?

When you are accused of possessing drugs that are not yours, the legal burden shifts heavily onto you to prove that they belonged to someone else. And when the person whose drugs they are is contacted by an attorney or by law enforcement, it is very rare that they will admit the drugs belonged to them. More typically, they will deny it.

However, defenses are sometimes available if you were in possession of a large quantity of certain types of drugs (such as marijuana) that were only for your own use. For example, I had a client who bought large quantities of psilocybin all at once, but it was for personal use, and he was a fairly heavy user.

In all, defenses available typically depend on the type of drug, the quantity found, and whether any other materials were found that would indicate an intent to sell.

What Steps Should I Take Immediately After Being Charged With Drug Possession In California?

1. Don’t give any statements or explanations to the police. Simply exercise your right to remain silent. In many cases, police will try to get you talking to “level up”, get information about a bigger dealer, and turn you into an informant. That can be a very dangerous and unsafe situation, so the less you say to the police, the better.

2. If you are out of police custody, stop all drug-related activities and reach out to a criminal defense lawyer. Many people mistakenly assume that the police won’t be back to their home, so they can quietly resume their activities undetected. In reality, the police are likely watching, and continuing to buy or sell can bring further searches and much harsher penalties, including added weapons charges. Simply stop all drug-related activity and call an attorney.

Still Have Questions? Ready To Get Started?

For more information on being charged with drugs that are not yours in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 209-4804 today.