Drug Possession Attorney in Orange County

Passionately Defending Clients Against Drug Charges in Newport Beach, Laguna Beach and Throughout Orange County

If you are facing drug possession charges in Newport Beach or throughout Orange County, it's crucial to have a controlled substance defense attorney who understands how local agencies aggressively pursue these matters. An experienced drug possession defense lawyer in Orange County can challenge the investigation and protect your rights. 

These agencies regularly collaborate with task forces to investigate and prosecute a variety of drug offenses, ranging from minor possession to more serious charges. Court hearings for drug-related cases in Newport Beach are typically held at the Harbor Justice Center, making it essential to work with a drug possession attorney in Newport Beach who knows the specific court procedures, judges, and local prosecutors. 

My 25 years of experience as a drug possession lawyer in Orange County allow me to guide clients through every phase of the process, from investigation to court appearances and negotiation for reduced charges or diversion programs. Contact me at Alan Castillo – Attorney at Law for quality legal representation. I have over 25 years of experience and will give your case the attention and effort it needs. 

Over the decades, I have built a strong reputation for getting results, obtaining favorable outcomes for individuals facing various types of charges. My work has been recognized by such legal industry groups as Avvo, with a Superb rating, and the National Trial Lawyers as a Top 100 Trial Lawyer. I develop and maintain close working relationships with the people I represent, and I provide honest advocacy.

If you've been arrested for drug possession, reach out to my firm by calling (949) 234-6525 or submitting an online contact form today. Your initial case evaluation is free.

Understanding Drug Possession Laws in California

Under California Health and Safety Code § 11350 and § 11377, what may seem like a simple possession of a controlled substance is a serious crime prosecutors pursue aggressively. If you're facing charges for a first-time drug offense or have prior convictions, a drug possession attorney in Orange County can help you navigate the system and pursue the best available outcome, such as a drug diversion program.

The laws concern all illegal drugs listed under the Controlled Substances Act, such as the following:

• Heroin
• Cocaine
• Methamphetamine
• LSD
• Ecstasy

The use of prescription medications such as Vicodin, OxyContin, Adderall, Valium, and Fentanyl without a valid prescription is also prohibited under California law. Police officers in Newport Beach or other Orange County cities may charge individuals possessing any of these substances under state statutes.

Drug possession generally involves maintaining control over the substance, whether physically on your person, in your vehicle, in a locker, or at your home or office. Prosecutors often focus on whether you possessed a usable quantity—possession of only drug residue or debris typically does not result in charges. 

While the amount does not need to be enough to cause intoxication, the law is clear that even seemingly minor amounts can still lead to criminal charges and penalties. Working with a qualified drug possession lawyer in Orange County is invaluable for evaluating the amount and circumstances of your individual case.

Marijuana Possession in California

In 2018, California legalized recreational marijuana. However, possession of marijuana above the legal limit or near schools, public parks, and local businesses can still result in misdemeanor or infraction charges. 

Newport Beach residents and visitors should be especially careful to respect quantity limits and comply with local ordinances on use and possession:

• Possessing more than 28.5 grams of marijuana or more than 8 grams of hashish is a misdemeanor punishable by up to six months in county jail and/or fines of up to $500. 
• It is also a misdemeanor to have marijuana on any kindergarten through grade 12 school grounds, with underage individuals facing infractions rather than misdemeanors. These infractions carry their own serious consequences, and legal guidance is important for minors and adults alike.
• Those under age 21 who possess any amount of marijuana are also subject to infraction charges. Newport Beach police enforce these rules diligently, especially in areas with high foot traffic or near community centers. Even if you believe you haven't broken any state laws, a local violation can still lead to legal complications you will need a drug possession lawyer in Orange County to address.

Possession of marijuana with the intent to sell—if you do not have a valid license—is usually charged as a misdemeanor but may be elevated to a felony in aggravating circumstances, such as a prior conviction or sales involving minors. Each scenario carries different penalties and long-term risks, so it is important to work with a Newport Beach drug possession attorney to defend your rights and future.

Penalties for Drug Possession Convictions in Orange County

A drug possession conviction in Orange County can lead to significant penalties that impact your freedom, finances, and future. While most simple possession cases are charged as misdemeanors, the specific consequences depend heavily on the type and amount of the substance, your prior criminal history, and the unique facts of your case. An Orange County judge will consider all these factors when determining a sentence.

For a misdemeanor conviction under California Health & Safety Code § 11350 or § 11377, the potential penalties typically include:

• Jail time: Up to one year in a county jail.
• Financial penalties: A fine of up to $1,000, plus additional court fees and assessments.
• Probation conditions: A period of formal or informal probation, which may include mandatory drug testing, counseling, and regular check-ins with a probation officer.

Aggravating Factors That Can Increase Penalties

Certain circumstances can lead prosecutors to seek harsher penalties. These "aggravating factors" may include having prior drug-related convictions on your record or being arrested in a protected area, such as near a school.

Alternatives to a Criminal Conviction

Fortunately, for many first-time offenders, a conviction and its penalties are not the only possible outcome. California law provides for drug diversion programs like PC 1000 and Deferred Entry of Judgment (DEJ). Successful completion of a court-approved drug treatment or education program can result in the charges against you being dismissed, allowing you to avoid a criminal record entirely.

Navigating the complexities of sentencing and eligibility for diversion requires a deep understanding of the local court system. As your drug possession attorney, I will work tirelessly to build a case that positions you for the most favorable outcome, whether that is a diversion program, reduced charges, or a full dismissal.

How an Orange County Drug Possession Lawyer Can Defend You

When confronted with drug possession charges, a strong legal defense is critical. As your Newport Beach drug possession attorney, I will meticulously examine the evidence and determine if authorities conducted an unlawful search and seizure. 

If your Fourth Amendment rights were violated, we can file a motion to suppress the evidence, which is a key strategy to get drug charges dismissed. If law enforcement violated your Fourth Amendment rights or lacked probable cause for the stop, we can file a motion to have the evidence suppressed, potentially leading to a dismissal of your controlled substance possession case.

Every drug possession case in Orange County is unique and requires an individualized strategy. Here are some of the most common defenses that may apply to your case:

• Lack of knowledge: You did not know the substance was present or illegal.
• Unlawful search: Police lacked a valid warrant or proper legal justification for the search.
• Valid prescription: The substance was lawfully prescribed to you.
• Momentary possession: You only possessed the drug briefly and intended to dispose of it safely and legally.

My approach as a drug possession lawyer in Orange County is to use my knowledge of Newport Beach courts, local prosecutors, and applicable legal precedents to develop the most effective strategy for your situation—giving you the highest possible chance at a successful resolution.

What to Expect in Orange County Courts After a Drug Possession Arrest

If you are arrested on suspicion of drug possession in Newport Beach, your legal process typically begins with an arraignment at the Harbor Justice Center, which is the main courthouse serving the city and nearby communities. At your first court appearance, you will be advised of the charges, and this is when you will enter a plea. 

Having a seasoned drug possession attorney in Newport Beach present at this stage is vital, as I can negotiate for release conditions, argue for bail reductions, and start the process of building your defense. Newport Beach courts handle a significant volume of drug cases, so early intervention by a dedicated lawyer can help prevent avoidable mistakes and protect your record.

Throughout the process, Orange County courts may consider diversion programs, probation, community service, or substance use counseling as alternatives to jail in qualifying cases. As your drug possession lawyer in Newport Beach, I will assess your eligibility for every available option, guide you through any requirements, and advocate for the best possible result—whether reduction, diversion, or dismissal. 

With 25 years serving Orange County, I understand what Newport Beach judges and prosecutors expect, and I use this insight to represent you at each court hearing, manage paperwork, and champion your rights every step of the way.

Understanding Your Rights During Orange County Drug Investigations

If you are contacted by law enforcement during a drug investigation in Orange County, understanding your rights can make a significant difference in how your case unfolds. Encounters often begin with a traffic stop, a knock at your door, or contact in public areas, and they can quickly escalate into possession charges. Knowing what officers are allowed to do—and what you are not required to do—helps you protect yourself until you are able to speak with an attorney.

Understanding Your Rights During Orange County Drug Investigations

• Right to Remain Silent: You generally have the right to decline to answer questions beyond providing basic identifying information.
• Right to Refuse Consent to Search: You can refuse consent to a search of your person, vehicle, or home. Officers may still proceed if they believe they have a warrant or another lawful basis, but clearly stating that you do not consent preserves the issue for later review.
• Right to Requesting an Attorney: You may calmly state that you want to speak with a lawyer and avoid further discussion until counsel is present.

In drug cases handled at the Harbor Justice Center and other Orange County courthouses, a key issue is often whether the stop, detention, or search was lawful. Asserting your rights early can be critical to a future motion to suppress evidence. When representing you in an Orange County drug possession case, I carefully review the stop, search, questioning, and booking process to identify constitutional issues and determine whether suppression motions or other legal challenges are appropriate.

Protect Yourself with Help from Alan Castillo – Attorney at Law

Any drug possession attorney can result in a permanent criminal record. This can impact your future, affecting employment, housing, professional licenses, and more. It can also have negative immigration consequences for non-citizens. That is why it's important to have a skilled lawyer on your side.

As your drug possession lawyer in Orange County, I offer representation before both criminal courts and California licensing boards—helping safeguard your criminal record, your career, and your reputation. My comprehensive approach includes advising you through administrative hearings and proactively working to protect your current and future employment opportunities, especially for clients in highly regulated professions.

Contact my firm online or call at (949) 234-6525 today for legal assistance from a drug possession lawyer in Orange County.