by Attorney, Jeffrey Boggs

With drug charges on the rise in California, agencies and government policies are cracking down on punishments in the next coming months as the California election quickly approaches. Defending clients facing drug-related charges in California necessitates a strategic and nuanced approach that takes into account the distinctive details of each case. To provide effective legal guidance, it is crucial to consider a range of legal strategies, potential defenses, and stay alongside any recent legal developments in CA.

One key facet of law involves evaluating the legality of the search and seizure that led to the discovery of drugs, with an emphasis on potential Fourth Amendment violations. Scrutinizing the chain of custody of seized substances is equally important, as any irregularities in evidence handling can be pivotal in your defense.

Defending against charges of possession with intent to sell may involve challenging evidence related to quantity, packaging, and other factors. Additionally, exploring defenses such as lack of possession, duress, coercion, mistaken identity, and illegal search and seizure can contribute to a robust legal strategy. Staying informed about recent legal developments, including Proposition 64 and sentencing reforms, is essential for crafting your effective defense strategy.

If you are facing drug-related criminal charges in California, it is highly recommend you consult with an Attorney about your case. Here is a little guidance on some legal strategies, potential defenses, and recent legal developments regarding drug charges:

Possible Legal Strategies:

1. Search and Seizure Challenges:
   • Evaluate the legality of the search and seizure that led to the discovery of drugs. If law enforcement violated the Fourth Amendment rights of the defendant, it may be possible to challenge the admissibility of the evidence.
2. Chain of Custody Issues:
   • Scrutinize the chain of custody of seized substances. Any gaps or irregularities in the handling of evidence can be used to cast doubt on its reliability, potentially leading to reduced charges or case dismissal.
3. Intent to Sell Defenses:
   • If the client is charged with possession with intent to sell, examine the evidence carefully. Factors such as quantity, packaging, and the presence of paraphernalia can be challenged to dispute the prosecution’s claim of intent.
4. Motions to Suppress Evidence:
   • File motions to suppress evidence if there are constitutional violations or procedural errors. This legal strategy aims to exclude certain evidence from the trial, weakening the prosecution’s case.

Potential Defenses:

1. Lack of Possession:
   • Challenge the prosecution’s ability to prove actual possession. If the defendant did not have physical possession or control over the drugs, it can be a strong defense.
2. Duress or Coercion:
   • If the defendant possessed drugs due to threats, duress, or coercion, explore this as a defense strategy. The circumstances leading to possession may mitigate culpability.
3. Illegal Search and Seizure:
   • Assert that the search and seizure violated the defendant’s Fourth Amendment rights. If evidence was obtained unlawfully, it may be inadmissible in court.
4. Mistaken Identity:
   • If the identification of the defendant as the possessor is in question, present evidence of mistaken identity as a defense. This can include alibi witnesses or other evidence showing the defendant was not at the location of the alleged offense.

Recent Legal Developments:

1. Proposition 64 (Adult Use of Marijuana Act):
   • Proposition 64 legalized the recreational use of marijuana for adults in California. Stay informed about the specific regulations and limitations outlined in this proposition, especially regarding cultivation, distribution, and possession.
2. Sentencing Reform:
   • Be aware of recent sentencing reforms that may impact the penalties for drug offenses. Changes in legislation or court decisions can influence sentencing guidelines, which might be coming soon.
3. Drug Diversion Programs:
   • Explore the availability of drug diversion programs as an alternative to traditional prosecution. Successful completion of these programs can result in reduced charges or case dismissal.
4. COVID-19 Considerations:
   • Be mindful of any legal developments related to COVID-19 that may affect court proceedings, hearings, or the availability of certain defenses.

Again, if you have been charged with a crime in California, it is imperative that you seek legal counsel regarding your rights. Please feel free to give my office a call with any questions you might have.

Looking for MORE California legal information? Check out the Boggs Law Blog HERE.