San Bernardino Drug Possession Defense Attorneys

When facing drug possession charges, there are several potential defenses. One common defense is lack of possession, where the defendant did not have control over the drugs. In shared spaces like a vehicle or home, the defense may argue the accused didn’t know the drugs were there. Another defense is illegal search and seizure, which challenges evidence obtained without proper authorization, such as a warrant or probable cause.

Other defenses include questioning the validity of the evidence or claiming entrapment if law enforcement coerced the defendant into committing the offense. Since every case is unique, it’s important to consult with a skilled San Bernardino drug possession attorney to build a defense tailored to the situation.

Understanding the Impact of Drug Possession Charges on Your Future With Our Drug Possession Attorney in San Bernardino

Differences Between Drug Possession Charges & Other Drug Offenses

Possession vs. DistributionThe key difference between drug possession and distribution charges is the intention behind the possession.

• Simple Possession: This charge involves holding a controlled substance for personal use.
• Possession with Intent to Distribute: This charge is for having a larger amount of drugs, typically with evidence suggesting that the person plans to sell or distribute them (such as scales or bags).
• Drug Trafficking: This is the most severe form and involves the transportation and distribution of large quantities of drugs, often across state lines or international borders.

Possession vs. Paraphernalia 

Possession of drug paraphernalia refers to owning tools or equipment associated with drug use, such as pipes, needles, or scales. While not directly involving drugs, paraphernalia charges are still serious and can lead to fines, penalties, and even jail time in some cases.

Possession vs. Paraphernalia Charges in San Bernadino

Possession of drug paraphernalia includes having devices such as pipes, syringes, needles, or scales, typically associated with drug use. While you may not be charged with possessing a controlled substance, paraphernalia offenses still carry significant legal consequences in San Bernardino County. Conviction can result in fines, probation, and in some cases, short-term jail sentences. Being charged with both drug possession and paraphernalia is not uncommon and can increase the potential penalties and challenges you face in court.

The Role of Diversion Programs & Alternative Sentencing in San Bernardino

Eligibility for Diversion Programs

Diversion programs are an alternative to jail time, offering offenders a chance to receive treatment or counseling instead of serving a sentence.

• First-Time Offenders: Many first-time offenders may qualify for a diversion program, especially for simple drug possession charges.
• Requirements: Typically, the defendant must meet specific criteria, such as showing willingness to engage in treatment or drug education programs.

Benefits of Completing a Diversion Program

Successfully completing a diversion program can have significant benefits, including:

• Reduced Sentences: For first-time offenders, it may reduce or eliminate jail time.
• Avoiding a Criminal Record: Some diversion programs allow charges to be dismissed after successful completion, helping individuals avoid a criminal record.
• Better Future Opportunities: Completing a program can show a commitment to recovery, which may positively influence future legal proceedings or employment opportunities.

Understanding California Drug Sentencing Reforms

Proposition 47

In 2014, California voters passed Proposition 47, which reduced penalties for certain non-violent drug offenses.

• Felony to Misdemeanor: Some drug possession charges, previously felonies, are now classified as misdemeanors, making the consequences less severe.
• Eligibility for Reduced Sentences: People previously convicted under the old law may be eligible for sentence reductions or reclassification of their charges.

Impact on Prior Convictions

Recent reforms, such as Proposition 47 and Proposition 64 (legalizing marijuana), have a direct effect on prior convictions.

• Reclassification: Offenders may seek to have prior felony convictions for drug possession reduced to misdemeanors.
• Sentence Modifications: These reforms can also affect sentencing for repeat offenders, reducing penalties in some cases.
• Ongoing Legal Changes: As California continues to reform drug laws, individuals with past convictions may benefit from ongoing changes that help reduce the long-term impact of a drug-related conviction.

Contact us and let us help you with your charges starting today. 

Frequently Asked Questions

What is the difference between simple possession and possession with intent to distribute?

Simple possession means you have drugs for your own use, but possession with intent to distribute means law enforcement believes you intended to sell or deliver drugs to others. This second charge is much more serious and carries greater penalties in both state and local courts.

Can I be charged with drug possession if the drugs are not mine?

Yes. In San Bernardino County, you can face possession charges if drugs are found in your space—even if you did not know they were there. Your defense team may argue there was no knowledge or intent, which are key elements the prosecution must prove to secure a conviction.

What are the penalties for a first-time drug possession conviction in San Bernardino?

Possible penalties for a first-time conviction include probation, participation in a diversion or treatment program, fines, or up to a year in county jail, depending on the type of drug and case details. Your drug possession attorney in San Bernardino will evaluate your eligibility for alternative sentencing and advocate for the best possible result.

How do diversion programs help resolve drug possession cases?

San Bernardino County's diversion programs provide a pathway for first-time and eligible repeat offenders to avoid jail by undergoing substance abuse education and court-supervised rehabilitation. Completion of these programs typically results in reduced or dismissed charges, allowing you to move forward without a permanent criminal record. Discuss your circumstances with a drug possession lawyer in San Bernardino to see if a diversion pathway is right for you.

What is Proposition 47, and how does it impact drug possession cases in San Bernardino?

Proposition 47 changed California law, reducing certain felony drug possession to misdemeanors and allowing those previously convicted to petition for sentence reductions. The initiative provides an important opportunity for residents of San Bernardino looking to clear their records and lessen the impact of past drug convictions.

What should I do if I'm arrested for drug possession in San Bernardino?

If you are arrested on drug possession charges, remain calm, exercise your right to remain silent, and request to speak with a qualified drug possession lawyer in San Bernadino as soon as possible. An attorney can help you understand your options and protect your rights through every step of the legal process.

Why Choose Bullard & Powell, APC. as Your Drug Possession Defense Lawyers in San Bernardino?

Selecting a skilled drug possession attorney in San Bernardino is essential after an arrest for a drug-related offense. At Bullard & Powell, APC., our attorneys bring decades of combined courtroom experience and have built strong relationships in the local courts. We provide clear advice from your initial consultation and are committed to answering your questions quickly, ensuring that every step of your case is explained thoroughly. Our team takes the time to review the facts of your arrest, scrutinize law enforcement conduct, and understand the tendencies of individual judges and prosecutors in San Bernardino.

We recognize that each drug possession case is unique, so we never take a generic approach. Our law firm closely coordinates with you to develop a customized defense, advocate for your best interests, and keep you informed throughout the entire process. Whether your arrest occurred near downtown San Bernardino, in a neighboring city, or on a local campus, Bullard & Powell, APC. will provide the unwavering support and knowledgeable advocacy you deserve as you face drug possession allegations.

What to Expect in San Bernardino Drug Courts & Diversion Programs?

San Bernardino County maintains robust diversion programs and alternative sentencing tracks for eligible individuals charged with non-violent drug possession offenses. After an arrest and initial arraignment, your drug possession attorney in San Bernardino can petition for consideration in programs such as Penal Code 1000 (pretrial diversion) and Proposition 36. These programs focus on counseling, education, and rehabilitation, aiming to help you address substance use issues rather than face incarceration. For many first-time offenders, diversion completion can result in the dismissal of charges and a clean record.

The process typically begins with a local probation or court assessment and may involve court-mandated treatment through the San Bernardino County Department of Behavioral Health or certified providers. The San Bernardino Justice Center takes an active role in monitoring compliance and progress, providing judicial oversight at every step. By working with a drug possession lawyer in San Bernardino familiar with these procedures, you increase your chances of successful program completion and a positive outcome, empowering you to rebuild your life after a drug possession charge.

Contact us online or call (909) 771-2304 to schedule your consultation with our San Bernardino drug possession lawyers.