Possession of a Controlled Substance: What Happens Now?

8 Dec, 14

• in Laws

Many people believe that if drugs aren’t found directly on them, they can’t be charged. This is a critical and common misunderstanding of California law. A charge for possession of a controlled substance doesn’t require the item to be in your pocket. If it’s found in a space you control, like your car or your room, you could face charges under a rule called “constructive possession.” Understanding this distinction is vital for your defense. We’ll explain exactly what this means, what prosecutors must prove, and how you can begin fighting the charge, starting with securing your freedom.

California has strict laws against possessing certain types of drugs. This charge is known as possession of a controlled substance. The charge can carry a lengthy prison sentence and large fines under certain circumstances. It will help to know how possession of a controlled substance is defined under the California penal code and what steps one should take to get bail and get on the track to freedom.

What Is a Controlled Substance in California?

California has a list of controlled substances broken up into five different classes or schedules. These are different tiers of controlled drugs. They include many of the typical narcotics sold illegally on the streets like methamphetamines and heroin. The list includes hallucinogens like LSD and peyote. The code also makes it illegal to possess prescription medications like opioids or sedatives unless the person can prove that they were prescribed by a doctor. Over-the-counter medications like allergy pills are not considered controlled substances.

Defining “Possession” Under the Law

The Formal Legal Definition of Possession

When you hear the word “possession,” you probably think of physically holding something. While that’s part of it, the legal definition is broader and is a key factor in how drug offenses are charged. In legal terms, possession means having control over an object, which can occur in two different ways. The first is “actual possession,” which is the most straightforward: the substance is found on your person, such as in your pocket, your hand, or a bag you are carrying. The second, and often more complicated, type is “constructive possession.” This applies when you don’t have the substance on you, but you have knowledge of its presence and the ability to control it. For instance, if drugs are found in your car’s glove box or a drawer in your bedroom, you could be charged under constructive possession. Understanding this distinction is vital because it directly impacts the case against you.

Actual vs. Constructive Possession: What’s the Difference?

An individual must possess the controlled substance in some way in order to be arrested. Actual possession means that the drug is in a place where the person has direct physical control over the substance. This means in a pocket, in a backpack or in a shoe being worn. Constructive possession is different. This form of possession means the controlled substance is in a location the individual has control over although not physically at the time of the arrest. Examples of constructive possession include finding the substance in the vehicle, apartment or locker of the person under suspicion. The person has control over the area although they do not have to be near it when the substance is found.

The “Knowledge” Requirement for Constructive Possession

For a constructive possession charge to stick, the prosecution has to prove more than just your proximity to the substance. They must demonstrate that you had knowledge of the drug’s presence and the ability to control it. This means that if a controlled substance is found in a shared space, like a living room or a car with multiple passengers, simply being near it isn’t enough to prove guilt. The district attorney has the burden of proving you were aware the drugs were there and that you had the power to manage or access them. This “knowledge” requirement is a critical element of the legal definition of possession and is often a key point of defense in these cases.

Alternative Legal Terminology: Possession in Fact vs. Possession in Law

To better understand these charges, it helps to know the difference between “possession in fact” and “possession in law.” Possession in fact, also called actual possession, is straightforward: it means you have direct, physical control over the substance. Think of having it in your hand, your pocket, or a bag you are carrying. Possession in law, or constructive possession, is what we’ve been discussing. It applies when you don’t physically have the item on you, but you have knowledge of it and the ability to control it, like drugs stored in your bedroom closet or the glove box of your car. Understanding this distinction is fundamental when facing a charge for possession of a controlled substance.

How Does Bail Work for a Controlled Substance Charge?

An individual arrested for possession of a controlled substance is taken to the nearest jail in order to await trial. It is possible to get out of jail until the end of the trial by posting a bail bond. This is commonly done through a bail bond agency. Bail is an amount of money that is held to ensure the individual makes all court appearances. The money is returned when the case is resolved if the defendant showed up for all court dates. Bail bond agencies make the process easier and can reduce how much has to be paid up front. Bail amounts for possession of a controlled substance are very different depending on the case and the county. Defendants can pay as little as $1,000 in San Diego County and as much as $20,000 in Orange County.

Misdemeanor vs. Felony: What Penalties Could You Face?

All possession of controlled substance charges starts as misdemeanors in California. Misdemeanor charges can lead to up to one year in jail if the defendant is convicted. A monetary fine of up to $1,000 can also be part of the sentence. An exception is if the individual has a previous criminal record. Another exception is if the arrest also resulted in charges for a violent crime. This allows prosecutors to charge the defendant with felony possession of a controlled substance. Felony convictions can result in up to three years in prison and potentially larger fines if there are aggravating circumstances. People charged with misdemeanor possession might be able to avoid jail time by agreeing to enter into a drug diversion program. Check out Aggravating Circumstances

Frequently Asked Questions

If drugs were found in my car but not in my pocket, can I still be charged? Yes, you absolutely can. This situation is what the law calls “constructive possession.” It means that even if a substance isn’t physically on you, you can be charged if it’s found in a space you have control over, like your car, home, or locker. The key is whether you had knowledge of the drugs and the ability to access them.

What does a prosecutor need to prove for a constructive possession charge? For a constructive possession charge to be successful in court, the prosecution has to prove two critical points beyond a reasonable doubt. They must show that you were aware the drugs were there, and they must also show you had control over them. Simply being in the same room or car as a controlled substance is not enough to prove your guilt on its own.

Are all drug possession charges in California considered felonies? No, most first-time charges for simple possession of a controlled substance are filed as misdemeanors. A misdemeanor conviction can result in up to one year in jail. However, the charge can be increased to a felony if you have a prior conviction for a serious or violent crime, which carries a sentence of up to three years in prison.

What is considered a “controlled substance,” and does that include prescription pills? A controlled substance refers to drugs that are illegal to possess, such as methamphetamines and heroin, as well as hallucinogens. The term also covers prescription medications like opioids or anti-anxiety drugs if you do not have a valid, current prescription for them. Common over-the-counter products like allergy or cold medicine are not considered controlled substances.

Someone I know was just arrested for possession. What is the first step to getting them out of jail? The immediate step to secure someone’s release from jail after an arrest is to post bail. Bail is a financial agreement with the court that ensures the person will return for their scheduled hearings. Using a bail bond agency simplifies this process, allowing you to pay a small percentage of the total bail amount to get your friend or family member released quickly.

Key Takeaways

• Possession isn’t just what’s in your pocket: California law recognizes “constructive possession,” meaning you can be charged if drugs are found in an area you control, like your car or home, even if they aren’t physically on you.
• The prosecution has to prove you knew: For a constructive possession charge to hold up, the district attorney must show you were aware of the drugs and had access to them. Just being in the same room or car isn’t automatically enough to prove guilt.
• Getting out on bail is your first priority: Whether the charge is a misdemeanor or a felony, your immediate goal is to secure your freedom. Posting bail allows you to return home and begin building a strong defense with your legal team.

Related Articles

• Possession of a Controlled Substance | Espinoza Bail Bonds
• Possession with Intent to sell drugs | Espinoza Bail Bonds
• California Drug Paraphernalia Laws And Penalties
• California Cocaine Laws & Penalties | Espinoza Bail Bonds
• California Marijuana Laws – Espinoza Bail Bonds