Drug & Paraphernalia Possession

A person is guilty of a controlled substance offense when they knowingly possess a usable quantity of contraband or a device used to ingest a controlled substance. A paraphernalia offense can only be charged as a misdemeanor, while, possession of a controlled substance can be charged as either a misdemeanor or felony.

Persons charged with paraphernalia or drug possession offenses are often eligible for a probation only sentence, no jail time will be required and a defendant will only be required to comply with probation and take substance abuse classes. If probation is successfully completed, the charge will be dismissed without tarnishing a person’s permanent record.

Potential Penalties for Resisting Arrest
• Misdemeanor Jail Time (Up to 6 Months)
• Felony Jail Time (Up to 3 Years)
• Fine
• In-patient/ Out-patient Drug Treatment
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Resisting Arrest
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Lack of Knowledge that Contraband is Present
• Lack of Possession or Control over Contraband
• Not Usable Amount of Controlled Substance
• Voluntary Intoxication
• Accident

Defense Criminal Attorney Drug & Paraphernalia Possession San Mateo County