Wrongful Possession Of Drugs In Kings
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In California criminal trials, prosecutors frequently depend on circumstantial evidence to prove allegations against a defendant for a conviction. On the other side, criminal defense attorneys will make arguments to cast reasonable doubt on the alleged circumstantial proof.
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Forensic Evidence: Chemical analysis of drugs: Forensic chemists use a range of testing procedures to identify the types and amounts of illegal drugs. Fingerprint and DNA analysis: If fingerprints or DNA are found at the crime scene, they can be directly linked to the suspect.
Drug evidence may be in the form of plant material (such as cannabis, synthetic cannabinoids, salvia and khat), solids (such as methamphetamine, powder cocaine, crack cocaine and pharmaceutical or clandestine tablets) or liquids (such as clandestine laboratory samples).
Mens rea is defined in law as the criminal intent to commit a crime and is established by the prosecution in order to prove the guilt of an offender in a criminal trial. There are four types of mens rea, acting purposely, acting knowingly, acting recklessly, and acting negligently.
Now consider the mens rea of possession offenses. Most jurisdictions address the above questions by linking possession to a specific mental state. If a defendant knowingly acquires or receives a controlled substance, or knows that a controlled substance in his control, he can be convicted of possession.
For example, you might be arrested for attempted possession of a controlled substance if you are caught trying to buy drugs from a drug dealer, but the drug dealer does not actually give you the drugs.
Persons convicted of illegally possessing any controlled substance face penalties of up to 1 year in prison and a minimum fine of $1,000, or both. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500.
Now consider the mens rea of possession offenses. Most jurisdictions address the above questions by linking possession to a specific mental state. If a defendant knowingly acquires or receives a controlled substance, or knows that a controlled substance in his control, he can be convicted of possession.