To prove that you are guilty of this crime, the prosecutor must show that:
Depending on the facts and circumstances of your case, our Los Angeles criminal defense lawyers (Torrance criminal defense lawyers, South Bay criminal defense lawyers) may be able to argue that the amount of drugs that you are alleged to have possessed for sale was not a “usable amount.” To be convicted of this crime, you must possess more than useless traces or debris of the controlled substance.
If the drugs were found in your place of residence but you did not have control over them or have the right to control them, we may successfully argue that you did not possess them in the first place. Even if you knew of their presence, you cannot be convicted if you did not possess them either personally or through another person.
We may also be able to obtain a dismissal of your case through a pretrial motion arguing the constitutionality of the search or seizure that led to your arrest and charge for possession for purposes of sale. If the police did not have a search warrant to enter your home or your car and did not have a valid “exception” to the requirement that they must first obtain a warrant, we may be able to have the evidence against you thrown out. If the evidence is suppressed, the prosecutor may not have enough evidence to go forward with a trial and your case may be dismissed.
There are a host of issues we can evaluate based on our analysis of the police reports, witness statements and other evidence on file. Based on our findings, we may be able to successfully thwart a criminal prosecution in court or otherwise weaken the case against you.
Absolutely! Considering the severity of the penalties, which include imprisonment, substantial fines and community service, we urge you to contact us and make an appointment immediately.
Whether it is charged as a misdemeanor or as a felony, a domestic violence conviction will go on your criminal record, which could cause you to lose your job or prevent you from getting another one. It can also impact your future employment opportunities and consequently jeopardize your family’s financial future.
Ernenwein & Mathes, LLP, has expert and experienced Los Angeles criminal defense lawyers with over 35 years of experience defending persons accused of marijuana possession.
Robert Ernenwein is a former Los Angeles deputy district attorney and is certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been selected for inclusion in California Super Lawyers and has appeared as a legal analyst on multiple cable news programs, including Fox News.
The experience and capabilities Mr. Ernenwein will bring to your marijuana possession defense are hard to match.
Have you or someone you know been charged with a crime? ContactErnenwein & Mathes, LLP , Los Angeles and Orange County criminal defense lawyers, today at 310-375-5858 for a free case review.
In late 2010, Gov. Arnold Schwarzenegger signed a bill to reduce the charge for possession of marijuana (up to one ounce) from a misdemeanor charge to a civil infraction. The fine of up to $100 remained the same, but now a jury trial will no longer occur, and this infraction will not appear on an individual’s criminal record. Schwarzenegger stated that this change would save the state of California a considerable amount of money.
This new possession of marijuana law went into effect on January 1, 2011. Prior to this law change, possession of an ounce or less of marijuana was considered a misdemeanor, with the charge being expunged from criminal records after two years had passed.
If a person is in possession of a greater amount of marijuana, this act is considered to be a misdemeanor offense and is punishable by up to six months in jail or up to $500 in fines. A charge for possession of concentrated cannabis or hashish can be considered either a misdemeanor or a felony. However, first-time offenders may be eligible for a drug treatment program in lieu of jail time.
Certain medical patients and their primary caregivers can legally possess and cultivate marijuana for medicinal purposes. However, these individuals must have a doctor’s recommendation to legally be in possession of marijuana.
If minors under the age of 21 are convicted of a marijuana (or alcohol/other drug-related) charge, these minors will automatically receive a 12-month license suspension — regardless of whether the charge had anything to do with driving.
Have you been arrested for a California possession of marijuana charge? Contact Ernenwein & Mathes, LLP, to obtain a completely free consultation with an experienced Torrance criminal defense attorney.