Drug Possession Unmatched Skill, Unwavering Advocacy.

Santa Rosa Drug Possession

Defending Your Rights in Sonoma and Marin Counties

Being charged with drug possession can be a frightening experience. You may be unsure of what to do next or how to protect yourself. The most important thing you can do is to contact a Santa Rosa drug possession lawyer as soon as possible. At Wilber Law Offices, P.C., we have more than 5 years of combined experience defending the rights of the accused.

Facing drug possession or trafficking charges? Protect your rights with experienced legal defense. Contact us today at (707) 986-4482 for a free consultation.

Understanding California Drug Possession Penalties

In California, the penalties for drug possession depend on the type of drug and the specific circumstances of the case. Simple possession charges are typically less severe than charges for possession with intent to sell, for example. The consequences of a drug possession conviction may also be enhanced if the defendant has a prior criminal record.

Simple drug possession charges can result in the following penalties:

Up to one year in county jail
Fines of up to $1,000
Probation
Mandatory drug counseling

When a person is charged with possessing a large quantity of drugs, this may be viewed as evidence of intent to sell. Drug possession with intent to sell is a more serious offense and is typically charged as a felony. Convictions for possession with intent to sell can result in much more severe penalties, including imprisonment in a state penitentiary.

Penalties for drug possession with intent to sell can include:

Up to four years in state prison
Substantial fines
Probation
Mandatory drug counseling

In some cases, a defendant may be charged with simple drug possession, but he or she may also face additional charges. If the drugs were found in a place where children were present, for example, the defendant may be charged with child endangerment. If the defendant was found to be in possession of drug paraphernalia, such as a pipe or syringe, he or she may be charged with a separate crime. The specific penalties for these additional charges will vary depending on the circumstances of the case and the defendant's prior criminal record.

Strategic Defenses Against Drug Possession Charges

If you've been charged with drug possession, you may be wondering if there's any way to fight the charges against you. In many cases, the answer is "yes." A skilled Santa Rosa drug possession attorney can help you explore your options for defense and fight to protect your rights, your future, and your freedom.

Some of the most common defenses to drug possession include:

Unlawful search and seizure: Under the Fourth Amendment to the U.S. Constitution, all individuals are protected from unreasonable search and seizure. This means that police must have probable cause to search your person, your vehicle, or your home. If the police conducted an illegal search and seizure, the evidence obtained in the search may be suppressed and deemed inadmissible in court. This could result in the dismissal of your case.
Drugs did not belong to the defendant: In order to be convicted of drug possession, the prosecution must prove that you were in possession of the drugs beyond a reasonable doubt. If the drugs were not found on your person, this may be a viable defense. Even if the drugs were found in your vehicle or your home, it may still be possible to prove that the drugs were not yours. For example, if you share a home or a vehicle with other people, you may be able to argue that the drugs belonged to someone else.
Crime lab errors: The drugs that were found in your possession must be tested and the results must be analyzed in a crime lab. Crime lab errors are not uncommon. If the drugs were not properly tested or the results were not properly analyzed, the evidence may be inadmissible in court.
Missing evidence: In order to prove its case against you, the prosecution will need to present evidence. If the evidence has gone missing, this could lead to a reduction in charges or a complete dismissal of your case.
Entrapment: In some cases, law enforcement officers may use entrapment techniques to catch individuals committing a crime. If police entrapped you, you may be able to use this as a defense. However, the burden of proof is on you to prove that you were entrapped.

These are just a few of the possible defenses to drug possession charges. Every case is unique. An experienced Santa Rosa drug possession attorney can help you understand your options for defense and work to build the strongest possible case on your behalf.

Is Drug Possession a Felony in CA?

In California, drug possession can be classified as either a felony or a misdemeanor, depending on the type and quantity of the drug, as well as the circumstances of the case. In 2014, Proposition 47 passed, making simple possession of most controlled substances a misdemeanor. Among them are cocaine, heroin, and methamphetamines. Misdemeanor possession usually results in lighter penalties, such as probation, fines, or a short jail sentence.

However, drug possession can still be charged as a felony in certain situations. The possession of large quantities of drugs for the purpose of selling or distributing is a felony. Additionally, certain controlled substances like date rape drugs (e.g., Rohypnol) may result in felony charges, even if only a small amount is found.

Moreover, individuals with prior serious or violent felony convictions may face felony drug possession charges despite Proposition 47. Convictions for felony drug possession in California carry harsher penalties, including longer prison sentences and heavier fines. Consulting with an experienced criminal defense attorney is crucial to understanding the charges and building a defense.

Diversion Programs & Alternative Sentencing

California offers several diversion programs and alternative sentencing options for individuals facing drug possession charges. These programs provide an opportunity to avoid jail time and, in some cases, even have charges dismissed upon successful completion.

Some common options include:

Drug Court – A structured program designed for non-violent drug offenders that includes regular court appearances, drug testing, counseling, and rehabilitation.
Deferred Entry of Judgment (DEJ) – First-time offenders may plead guilty but have their charges dismissed after successfully completing a court-approved drug treatment program.
Proposition 36 (Prop 36) – Allows certain drug offenders to receive treatment instead of jail time, provided they comply with all program requirements.

Who qualifies? Eligibility depends on factors such as criminal history, the nature of the offense, and whether the defendant poses a risk to public safety. Successful completion of these programs can lead to a case dismissal, keeping a conviction off your record.

The Impact of a Drug Possession Conviction

A drug possession conviction can have lasting consequences beyond fines and potential jail time.

Employment & Professional Licenses – Many employers conduct background checks, and a drug-related conviction can limit job opportunities. Certain professions, such as healthcare or law enforcement, may revoke or deny licenses.
Immigration Consequences – Non-citizens convicted of drug offenses may face visa denials, deportation, or ineligibility for U.S. citizenship.
Housing & Financial Aid – A conviction can make it harder to rent an apartment, as many landlords deny applicants with criminal records. Additionally, students with drug convictions may become ineligible for federal financial aid.

Our Settlements & Verdicts

Case Dismissed Client Accused Of Possessing 2-pounds Of Marijuana For Sale
Case Dismissed Client Accused Of Possessing 7-pounds Of Methamphetamine With Intent To Sell
Case Dismissed Client Accused Of Possessing Marijuana
Not Guilty Client Charged With Assault Charges And Gang Enhancements
Case Dismissed Client Charged With Battery On A Correctional Officer And Resisting An Officer
Case Dismissed Client Charged With Domestic Violence
Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
Case Dismissed Client Charged With Felony Cultivation Of Marijuana, Possession Of Marijuana For Sale, And Misdemeanor Narcotics Charges
Case Dismissed Client Charged With Felony Possession Of A Baton And Misdemeanor Possession Of A Concealed Handgun
Case Dismissed Client Charged With Possession
Case Dismissed Client Charged With Theft And Elder Fraud

View All Results

Possession vs. Possession with Intent to Sell

The difference between simple possession and possession with intent to sell is crucial, as intent-to-sell charges carry harsher penalties.

Simple Possession – Holding a small amount of drugs for personal use is typically a misdemeanor.
Possession with Intent to Sell – Prosecutors may argue intent to distribute if:
- A large quantity of drugs is found.
- The drugs are packaged in smaller, sellable portions.
- There is evidence of scales, baggies, large cash amounts, or frequent communication with buyers.

Defending against intent-to-sell accusations often involves challenging the prosecution’s evidence, proving personal use, or questioning how the evidence was obtained.

Timeline for Resolving Drug Possession Cases

The length of time it takes to resolve a drug possession case will depend on the specific circumstances of the case. A case involving a small amount of drugs may be resolved more quickly than a case involving a large amount of drugs, for example. In some cases, the prosecution may offer a plea deal, which could speed up the process. In other cases, the case may go to trial, which could take several months or longer. A Santa Rosa drug possession lawyer can help you understand what to expect and guide you through the legal process.

Frequently Asked Questions (FAQ)

Can I get a drug possession charge removed from my record?

Yes, in many cases, you may be eligible for expungement if you successfully complete probation or a diversion program. However, felony convictions may have stricter requirements. Consulting a lawyer can help determine your eligibility.

What should I do if I was arrested but the drugs weren’t mine?

If you were arrested for drug possession but the substances did not belong to you, it is crucial to avoid making statements to law enforcement and seek legal representation immediately. A skilled attorney can challenge the evidence and work to prove that you were not in possession of the drugs.

Will a drug possession charge affect my driver’s license?

Possibly. In California, certain drug-related convictions can lead to a driver’s license suspension, especially if the offense involved driving under the influence of drugs (DUID). However, some first-time offenders may be able to keep their license with alternative sentencing options.

Can the police search my car or home for drugs or trafficking evidence without a warrant?

Law enforcement generally needs a warrant to search your property, but there are exceptions. If drugs or evidence of trafficking were found during an illegal search, your attorney may be able to suppress the evidence and get your case dismissed.

What happens if I refuse a drug test after an arrest?

Refusing a drug test can have legal consequences, including automatic license suspension and additional penalties. If law enforcement had probable cause to suspect drug use, refusal may not prevent charges from being filed against you.

Can I be charged with drug possession if the drugs were in someone else’s car or home?

Yes, if law enforcement believes you had constructive possession, meaning you had access to or control over the drugs, you could still face charges. A strong legal defense can help challenge these claims.

Is marijuana possession still a crime in California?

While marijuana is legal for adults over 21 in California, possession of more than the legal limit (28.5 grams), unlicensed sales, or possession by minors can still result in criminal charges.

Don’t let a drug charge ruin your future. Our attorneys are ready to fight for you. Contact us now at (707) 986-4482 to discuss your case.

Contact Our Firm Today

For Dedicated Legal Representation

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Wilber Law Offices, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Hear From Our Happy Clients

At Wilber Law Offices, P.C., your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“If your looking for an experienced trial lawyer this is the team you want to hire.”
Ryan Wilber & Wilber Law Offices helped me a lot (and that’s an understatement!) He was able to negotiate a deal for me that saved my career and kept me out of serious trouble. They are the best in Santa Rosa / Sonoma County. If you need legal help I fully recommend them! If your looking for an experienced trial lawyer this is the team you want to hire. He acted as a shield in my time of need and is the legal protection you want to hire in the complicated legal process of the court system.

William H.
“Rachel you are a great attorney, your arguments were clear and factual. Your attention to detail was over the top and your counter arguing was impressive.”
There are no words on how to thank you for all you have done for me and our family, especially John Doe. He has been given a second chance at life and I will pray and hope that he will succeed… Rachel you are a great attorney, your arguments were clear and factual. Your attention to detail was over the top and your counter arguing was impressive. You should be highly regarded…

Former Client
“I’ve consulted Ryan over the last year on several legal matters, both personal and financial. His knowledge of the law is comprehensive and his counsel has been invaluable to me.”
I’ve consulted Ryan over the last year on several legal matters, both personal and financial. His knowledge of the law is comprehensive and his counsel has been invaluable to me. I’ve talked to a few other lawyers in the past that I felt good about and were knowledgeable, but where Ryan really stood apart from the others was in his ability to help me fully grasp my options and clarify the legal process so I could make hard decisions with confidence. I was getting pushed around and feeling a bit intimidated before he helped me fight back. I’m very thankful to have Ryan there when I need him!

Former Client
“Focused, Articulate and Thoughtful. Ryan is an asset to anyone needing legal assistance.”
Ryan is an asset to anyone needing legal assistance. Whether it is a simple question, a case where you need valuable perspective, or the beginning of a long and arduous process, Ryan has the knowledge and intellect that you want on your side. His thoughtful demeanor, his knowledge of the law and his desire to succeed are all traits that are surprisingly lacking with some other attorneys. I would not hesitate to use Ryan for any of my legal needs now and in the future.

Jeremiah
“I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.”
I have used Ryan Wilber several times. Ryan’s representation is both aggressive, and intelligent. His real word experience has proven invaluable to me, and has significantly lessened the consequences of my actions. I found Ryan’s rates to be as good or better then anywhere else around town. Ryan was available to me every time I needed to talk to him. I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.

TC
“I believe you were God sent because the times where I felt discouraged and felt like giving up your encouragement and support helped me to once again stand and be confident in the type of man I am and the heart that I have”
I believe you were God sent because the times where I felt discouraged and felt like giving up your encouragement and support helped me to once again stand and be confident in the type of man I am and the heart that I have… I feel a huge burden has been lifted and I finally have closure after all this time and I can finally move forward… your support has really helped me through one of the most traumatic ordeals of my life.

Former Client
“Thank You! I am beyond thankful and amazed by their work.”
Ryan absolutely did magic on my trial, and was able to change my life by dodging an underage DUI. This would have been huge for my life and record for 10 years ! Jake as well was always there when I needed him. Always had time, patient and helped me tremendously with the stress I was going through during the process of my DUI. Both were genuine and caring attorneys who are the best at what they do. Thank You ! I am beyond thankful and amazed by their work.

Sam
“Ryan is a consummate professional. I would recommend his services to anyone.”
Ryan is a consummate professional. I hired him to represent me on a high value fraud case. He was very attentive to my requests, always followed up with me in a timely manner, and ultimately won my case to the tune of over $400,000.

Chuckles G.

View All Reviews