Vista DUI Lawyer and Criminal Attorney Peter M. Liss

24 hour hotline
  • DUI / Felony DUI
    • Vista DUI Attorney
    • DMV Hearings
    • DUI Defenses
  • Domestic Violence
  • Sex Crimes
    • Sex Crime Defense
    • Child Molestation
    • Child Pornography
  • Traffic Offense Help
    • Hit and Run Accident
    • No-License Driving
    • Reckless Driving
  • More Practice Areas
    • Juvenile Crime
    • Violent Crime
      • The Three Strikes Law
      • Weapons Charges
    • Theft Defense
    • White Collar Crime
      • Fraud Charges
    • Drug Offenses
  • Resources
    • Contact Us
    • San Diego Office
    • The Criminal Process
    • Criminal Defense FAQ
    • Hiring a Criminal Lawyer
    • Vista Criminal Law Blog
  • Contact Us 24/7
  • En español

San Diego Drug Possession Defense Attorney

August 22, 2023 Written by Jill Harness and Edited by Peter Liss

drug possession attorney in san diego

If you have been accused of drug possession in California, you will face charges under Health and Safety Code 11350 (HS). While you may be terrified, the good news is that, with the help of a San Diego criminal defense lawyer, most people charged with drug possession for the first time within five years qualify for a diversion program, allowing them to keep the offense off their record. Unfortunately, California laws can be complex, and sometimes people say things to police officers that can result in them being charged with more serious offenses, such as possession for sale, that cannot be resolved through diversion programs. If you have been caught with drugs in your possession in San Diego County, avoid speaking to the police until you have contacted a skilled defense attorney to protect your rights.

What Drugs Fall Under 1350 (HS)?

The great majority of drugs used for illegal purposes fall under this law, including:

  • Opioids, such as heroin, Fentanyl, Oxycodone, Vicodin, and Codeine
  • Hallucinogens, including magic mushrooms, LSD, peyote, and mescaline
  • Stimulants, for example, cocaine and crack
  • Party drugs, like MDMA or ecstasy
  • Narcotic drugs that are legal by prescription only, including Adderall, Xanax, ketamine, and Valium

A handful of stimulants are covered separately by California Health and Safety Code 11377 (HS). This law prohibits the possession of drugs such as:

  • Methamphetamine
  • GHB
  • Ketamine
  • Anabolic steroids

While the two laws cover different substances, they are otherwise quite similar and detail similar penalties, including the option for a diversion program.

Possession of marijuana for personal use is completely legal in California for those over the age of 21.

What is the Penalty for Drug Possession in California?

Since the passage of Prop 47 in 2014, California has allowed the majority of people accused of simple drug possession to qualify for a drug diversion program that enables offenders to avoid jail time and keep the offense off of their criminal record. Even for those ineligible for a drug diversion program, these charges are usually misdemeanors, punishable by no more than one year in prison.

Unfortunately, some people cannot benefit from the reduced penalties applied under Proposition 47. Registered sex offenders and those with prior convictions for serious violent crimes are excluded from these lighter sentences. Those who do not qualify for sentencing under Prop 47 can face either misdemeanor or felony charges for 11350 (HS). As a misdemeanor, the maximum penalty is up to one year in jail, but felony charges can carry a sentence of up to three years in state prison.

If you have any questions about the specific penalties you may face under these charges, please call your San Diego drug possession defense lawyer to discuss your case.

Take Possession Charges Seriously

Because most offenders qualify for diversion programs, some people think it’s no big deal to be arrested with drugs. But there is a fine line between simple possession 11350 (HS) and possession for sale 11351 (HS), and all too often, people who thought they would be facing simple possession charges end up being accused of drug sales. Since no set quantity distinguishes possession from sales charges, prosecutors instead file charges based on statements made by the accused, as well as circumstantial evidence such as the presence of scales, baggies, balance sheets, or large amounts of cash.

Even if you only face charges under 11350 (HS) though, you could face more serious consequences if you already have a prior conviction on your record within the last 5 years, making you ineligible for a diversion program.

Minors are at particular risk when it comes to drug crime charges because even a misdemeanor drug possession conviction can result in the loss of driving privileges for an entire year. Some drug crimes, even simple possession charges, can even disqualify someone from qualifying for scholarships or certain forms of student aid, so even if the sentencing is minimal, it’s still important to keep a drug conviction off of your record whenever possible.

Charges Related to Drug Possession

Many people charged with drug possession will face other charges as well. Because it’s common to end up facing other criminal allegations in addition to drug possession, you should always avoid saying anything to the police without your criminal defense attorney present.

For example, possessing a controlled substance while driving could open you up to other charges, including drug DUI, driving with an open marijuana container, or driving while addicted to drugs.

You can also face separate felony charges if you have been caught with a firearm while in possession of certain drugs such as cocaine, PCP, methamphetamine, or heroin. This offense is punishable by up to four years in prison and will cause you to lose your right to possess or own firearms.

Fighting Drug Possession Charges

Aside from helping you enter a drug diversion program, a defense lawyer can also help you fight these charges in other ways. For example, an attorney may be able to help you fight the offenses in court to avoid a criminal conviction if you were only arrested after police illegally stopped and searched your vehicle and found you were in possession of drugs because this evidence should be suppressed, leaving the prosecution with too little evidence to prove your guilt.

Alternatively, your lawyer may be able to show that while the drugs were found on your property, you were unaware of their presence, meaning you cannot be charged with possession of a controlled substance.

In some cases, your best option is to let your attorney negotiate a plea bargain that will minimize the severity or number of charges you are facing, which could allow you to enter a diversion program.

When you speak with a lawyer about your specific situation, he should be able to tell you what your best course of action will be, whether it is to fight in court, negotiate a plea bargain, or seek out a drug diversion program.

Whatever you do, avoid speaking to the police without your attorney present, as this could destroy your defense. For example, if you attempt to protect yourself from these charges by telling police that the substance they have discovered is a prescription drug, this could be used as evidence against you if you do not have a valid prescription. If you have a legal prescription, this could still be seen as a confession if you are accused of driving on a medication that could affect your driving abilities.

Anyone facing drug possession charges should contact attorney Peter M. Liss. To schedule a free consultation where you can discuss your case and any diversion programs you may qualify for, call (760) 643-4050.

Filed Under: CRIMINAL DEFENSE, DRUG OFFENSES Tagged With: diversion programs, controlled substances, alternative sentences, san diego possession lawyer, drug possession attorney, drugs, drug laws in CA, california drug possession laws

Call Today, I Can Help You

criminal justice attorney Peter M. Liss
The Experience You Need

I have been practicing law for over 35 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have defended many high profile cases in my career, fighting charges ranging from drunk driving to capital murder.

Two Easy-to-Find Offices

My Vista offices are located just off the 78 freeway, directly across the street from the local courthouse and jail facility. For those further south, I have another office in Carmel Valley, off the 5 freeway and highway 56. Both offices offer free parking.

Call (760) 643-4050 Now

You can call my offices any time of day, every day to speak with a live person who can help you schedule a free initial consultation. If you have any questions, I return my calls promptly and courteously.

My Guarantee to You

I ensure all clients receive top quality representation at affordable rates and I accept all major credit cards. Hablamos Espanol.

I’m available, let’s talk

My Practice Areas

I handle all types of misdemeanor and felony criminal cases in San Diego County, including:

  • Driving Under the Influence
    • DMV DUI License Hearings
    • Drug DUI
    • DUI Evidence
  • Domestic Violence
  • Sex Crimes
    • Sexual Assault/Rape
    • Child Molestation
    • Child Pornography
  • White Collar Crimes
    • Fraud Cases
    • Embezzlement
    • Identity Theft
    • Computer Crimes
  • Theft Crimes
    • Petty Theft
    • Grand Theft
    • Shoplifting
    • Robbery
    • Burglary
  • Drug Charges
    • Possession
    • Trafficking
  • Violent Crimes
    • Weapons Offenses
    • Assault
    • Homicide
    • Hate Crimes
    • Gang Crimes
    • Third Strike FAQ
  • Criminal Traffic Offenses
    • Driving on a Suspended License
    • Hit and Run Accidents
    • Reckless Driving
    • Vehicular Homicide
  • Juvenile Crime Defense
    • Truancy
    • Vandalism
    • Minor in Possession

Categories

  • CRIMINAL DEFENSE
  • DUI / FELONY DUI
    • DUI Lawyers Vista
    • License Suspensions
    • Sentencing
    • Traffic Stops
  • DRIVING OFFENSES
    • Traffic Offenses
    • Fleeing the Police
    • Hit and Run Accidents
    • Reckless Driving
    • Street Racing
  • DOMESTIC VIOLENCE
  • WHITE COLLAR CRIME
    • Computer Crimes
    • Fraud Charges
  • DRUG OFFENSES
  • VIOLENT CRIMES
    • Gang Crimes
    • Animal Abuse
    • Assault and Battery
    • Hate Crimes
    • Homicide
    • Kidnapping
    • Weapons Charges
  • SEX OFFENSES
    • Sharing Obscene Materials
    • Sex Offenses
    • Rape
    • Sex Crimes Involving Children
  • THEFT CRIMES
    • Theft Defense
  • FAQs
  • FEDERAL CRIMES
    • Federal Crimes Lawyers in Vista
  • HYPOTHETICAL SITUATIONS
    • Hypotheticals
  • JUVENILE CRIME
    • San Diego Juvenile Crimes Lawyer
  • LEGAL PROCEDURES
    • The CA Legal System
  • SENTENCING ALTERNATIVES
  • CORONAVIRUS NEWS
  • DUI / Felony DUI
  • Driving Offenses
  • Domestic Violence
  • White Collar Crimes
  • Theft Defense
  • Drug Offenses
  • Violent Crimes
  • Sex Offenses
  • Juvenile Crime
  • Privacy Policy
  • Terms of Use

Attorney Peter M. Liss,
(760) 643-4050
380 S Melrose Drive #301
Vista, CA 92081

vista crimminal law logo

Copyright 2003, 2021 Peter M. Liss, Esq.
ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.