Drug Possession Attorney in Salinas
Charged With Drug Possession in Salinas? We’re Here to Help
If you or a loved one is facing a drug possession charge in Salinas, the uncertainty and stress can be intense. You may be worried about your future, your job, and your reputation. At The Worthington Law Centre, we recognize the fear and confusion these cases cause.
Our attorneys are certified in criminal law by the California State Bar, and our firm has spent over fifty years defending people charged with drug-related offenses in Salinas and across Monterey County. With our deep experience and personal service, we strive to take the weight off your shoulders and help you move forward with confidence.
When you need a drug possession attorney in Salinas, our team is ready to help every step of the way.
Protect your rights immediately. Call a dedicated drug possession attorney in Salinas at (831) 704-1852 or reach out online for a consultation. We are certified as Specialists in Criminal Law and are ready to put that expertise to work for you.
Understanding Drug Possession Laws in California
In California, a simple drug possession charge—often referred to as possession of a controlled substance—is primarily prosecuted under Health and Safety Code §11350 HS or §11377 HS. The specific code section depends on the type of controlled substance involved.
It is crucial to differentiate between simple possession and the significantly more serious charge of possession for sale (Health & Safety Code §11351 HS or §11378 HS).
- Simple Possession (§11350 HS / §11377 HS): The law prohibits possessing a controlled substance for personal use without a valid prescription. Since the passage of Proposition 47 in 2014, most simple drug possession offenses are now classified as misdemeanors, which carry lighter penalties than felonies.
- Possession for Sale (§11351 HS / §11378 HS): This is a felony offense. The prosecution must prove you possessed the drug with the intent to sell it. Evidence for this often includes large quantities of the substance, separate packaging materials, scales, or large amounts of cash.
As your Salinas drug possession lawyer, we meticulously review the facts of your case to ensure you are not overcharged with a possession for sale offense when the evidence only supports simple possession.
What is a Controlled Substance?
Controlled substances are drugs regulated by the state and federal governments. This includes:
- Illicit Street Drugs: Cocaine, heroin, methamphetamine, LSD, and ecstasy.
- Unauthorized Prescription Drugs: Possession of opioids (like Oxycodone or Hydrocodone) or depressants (like Xanax or Valium) without a valid prescription is treated as seriously as possessing illicit street drugs.
Penalties and Collateral Consequences of Drug Possession Convictions in California
While most simple drug possession offenses in California are now misdemeanors, the penalties are far from minor, and the collateral consequences can profoundly impact your life in Salinas and beyond.
Direct Penalties
For a misdemeanor drug possession conviction under §11350 HS or §11377 HS, the potential penalties include:
- Up to one year in a County Jail.
- A fine of up to $1,000, plus court assessments.
- Formal or informal probation, which requires you to comply with terms like mandatory drug testing and court appearances.
- Mandatory drug education or counseling programs.
- If your case is charged as a felony (e.g., possession for sale, or if you have certain prior convictions), the penalties escalate significantly, potentially leading to state prison time and fines up to $10,000.
Collateral Consequences
A conviction, even a misdemeanor, can lead to serious long-term consequences:
- Employment: A criminal record, especially one involving drugs, can disqualify you from jobs requiring state licensing, security clearances, or working with children or vulnerable populations.
- Professional Licenses: Doctors, nurses, teachers, and other professionals risk disciplinary action or revocation of their professional licenses.
- Housing: Landlords can and often do deny rental applications based on a criminal history, making it difficult to find stable housing in the Salinas area.
- Financial Aid: College students may lose eligibility for federal or state financial aid, grants, or loans.
- Immigration: For non-citizens, a drug-related conviction can lead to the initiation of deportation or removal proceedings, or denial of naturalization.
Our priority as your Salinas drug possession lawyer is to seek outcomes that avoid a conviction entirely, protecting you from these life-altering consequences.
Our Comprehensive Approach to Drug Possession Defense
A charge of drug possession is highly defensible, often hinging on technical legal issues related to police conduct and the specific circumstances of the alleged "possession." Our firm employs a comprehensive defense methodology informed by our certification as Specialists in Criminal Law.
Core Defense Strategies Utilized by Our Firm
- Illegal Search and Seizure (Fourth Amendment Violations): This is often the most powerful defense. We meticulously investigate the circumstances of your detention and arrest, asking critical questions:
- Was the traffic stop or detention justified by reasonable suspicion?
- Did the police have probable cause to search your vehicle, home, or person?
- Did the police obtain consent to search legally, and was the scope of the search exceeded?
- If a search warrant was used, was it validly issued and properly executed?
- If a search was found to be illegal, the exclusionary rule mandates that the evidence (the drugs) must be thrown out, potentially collapsing the entire case.
- Lack of Knowledge or Possession: We challenge the prosecution's ability to prove you knew the drugs were present or that you had control over them. This is especially effective in constructive or joint possession cases, such as when drugs are found in a communal living space, a borrowed vehicle, or in the possession of someone else you were with. We argue that the evidence cannot establish the element of knowledge beyond a reasonable doubt.
- Valid Prescription or Medical Use: If the substance is a prescription medication, we immediately establish that you had a valid prescription for it, or that you were in the act of delivering it to the prescription holder as legally allowed.
- Momentary Possession: California law recognizes that brief, temporary possession solely for the purpose of discarding, destroying, or turning the controlled substance over to law enforcement is a valid defense.
By focusing on these sophisticated legal and constitutional arguments, our drug possession attorney in Salinas works to secure the absolute best result for your future.
Why Choose The Worthington Law Centre for Drug Possession Defense
When your future depends on the outcome, trust matters. At The Worthington Law Centre, we are not just another law office in Salinas. Our team is family-owned and brings over fifty years of focused criminal defense work to each client's case.
Our attorneys hold criminal law certification from the California State Bar—an achievement earned by demonstrating an advanced level of skill and tested knowledge in criminal defense.
Clients rely on us because we understand local courts, including the Monterey County Superior Court, and maintain strong professional relationships with area prosecutors and judges. Over the years, we have defended cases for a wide range of people, from professionals and parents to public officials seeking discretion and high-quality advocacy.
Every client gets our full attention and respect. We work with a multilingual staff to ensure everyone gets the support they need. Our practice is located in the historic Hitchcock House, reinforcing our deep ties to the Salinas community.
What to Do If You’ve Been Charged
Making the right choices early matters. If you are arrested for drug possession in Salinas, you have the right to remain silent and ask for a lawyer before speaking to law enforcement. This protects both your rights and your defense options. Even seemingly minor statements can later affect your case.
Our team at The Worthington Law Centre advises you to:
- Stay calm and avoid making statements about the substance or your actions
- Request to speak with an attorney as soon as possible
- Do not sign any statements or agreements without legal advice
- Contact our office immediately for a free and confidential consultation
- Be honest in your consultation so we can give you the best guidance
From your first call, our staff listens to you, explains the process at Monterey County Superior Court, and develops a plan based on your situation. Fast action preserves options, improves outcomes, and can help you feel more secure as your case progresses.
Contact Our Team for a Free Drug Possession Case Review
If you are charged with drug possession in Salinas, your next step matters. Call The Worthington Law Centre for a free and confidential case review today. Our office at the historic Hitchcock House is a safe, welcoming space where you will receive respect and straight answers.
Our certified criminal law attorneys will review your case, explain your options, and guide you forward based on decades of successful local defense. We welcome all clients, offer multilingual support, and provide our services with understanding and discretion.
Call (831) 704-1852 or contact us online now to schedule your free consultation. We are here to help you protect your future.
What Sets Us Apart?
WE STAND FOR ADVOCACY, FAIRNESS & JUSTICE.
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FAMILY OWNED & OPERATED
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EXCELLENT CASE RESULTS
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150+ YEARS OF COMBINED EXPERIENCE
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CERTIFIED CRIMINAL LAW SPECIALISTS
Our Testimonials
What Our Clients Have to Say
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"I personally feel you did a superb job, and I thank you once again. "
Me and my family thank you as well for the deal that you got me, so I am truly thankful.- Mario C. -
"From the very beginning of my legal tribulation, Mr. Brian Worthington and his team- showed genuine interest."
I recommend his counsel to everyone who needs legal representation.- Lee -
"I can’t express enough how satisfied I was with your services and your professional staff. "
Thank you for your diligent efforts and time regarding my case.- Former Client -
"My family and I will never forget all that you and your staff have done for us."
Your staff always treated me with the utmost respect and dignity.- August J S.