Wrongful Possession Of A Controlled Substance In San Bernardino
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FAQ
Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute.
Simple possession of a controlled substance, also known as drug possession for personal use, is California's least severe drug offense. Typically, it is a misdemeanor that carries up to 1 year in county jail. You may also be eligible for a drug diversion program.
Possession of a Controlled Substance A conviction for this offense is punishable by a jail sentence of up to one year. However, as a first-time offender, you can enter a drug diversion program and avoid incarceration for your offense.
Under California drug sentencing guidelines, most instances of simple drug possession (for personal use) get charged as misdemeanors rather than felonies. The crime is punishable by: imprisonment in county jail for up to one year, and/or. a maximum fine of $1,000.
Cocaine. Heroin. Prescription painkillers (without a valid prescription) Opiates.
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.
Whether your constructive possession case involves illegal drugs, firearms, or anything else, the penalties can be detrimental. You could face fines, probation, imprisonment, and more, not to mention the hardships that can come from having a criminal record.
Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box.