Depending on the type of substance and quantities, convictions for drug charges in California can be severe. When the substance in question is classed as Schedule I (Cocaine, heroin, PCP), then the sentence upon conviction can be several years in prison.
Nonetheless, being charged is not the same as being convicted. All defendants have the right to maintain their innocence until proven guilty, and there are several potential defenses that can be raised to drug charges.
Outlined below are two of the most common defenses.
1. Unlawful searches
To seize drugs, officers will generally conduct searches. The searches could involve searching the person, their vehicle or their home residence. All searches and seizures must respect the accused’s Fourth Amendment rights. Searches must be based on probable cause, and for property searches, a warrant is usually required. The only exceptions to this are if there are exigent circumstances (a legitimate emergency is occurring within the property) or if the property owner has consented to the search.
Evidence obtained during an unlawful search can be deemed inadmissible by the court.
2. No knowledge that the drugs were there
Another common defense is for the accused to claim that they had no knowledge that the drugs were there. For example, their roommate may have left illegal substances in the apartment or the accused’s vehicle. While it is possible to raise this defense, it can also be tricky to prove that there was no way the accused could have known about the drugs.
These are just two of several potential defenses to drug charges. To come up with the appropriate defense strategy, it is vital to seek legal guidance as soon as you can.