Recently, one of our clients avoided jail time after his attorney successfully persuaded the court to dismiss the unlawful possession of a controlled substance charge against him. Attorney Matthew B. Wallin used his extensive knowledge of the applicable case law to convince the judge to dismiss the matter in the best interests of justice. If convicted, our client had faced up to 3 years in county jail, up to $10,000 in court fines, and a subsequent period of parole or probation.

Possession Of A Controlled Substance Lawyer
Attorney Matthew Wallin can help if you are accused of unlawful possession of a controlled substance

“All of my clients suffer the humiliation of being accused of a crime,” explained Mr. Wallin. “I strongly believe in demanding respect from the criminal justice system that is prosecuting them.”

Our client sought Attorney Wallin’s representation after he was accused of possession of a controlled substance in violation of HS 1350(a). After discussing the matter with our client, Mr. Wallin committed himself to conducting the necessary legal research in order to achieve the best possible outcome for our client. After presenting favorable case law to the court, the judge decided to dismiss the charge in the best interests of justice.

Due to Mr. Wallin’s tremendous efforts, our client did not spend a single moment in jail, did not pay any fines, and was not subject to a period of probation or parole.

If you or a loved one has been accused of unlawful possession of a controlled substance, you need to contact the Law Offices of Wallin & Klarich immediately. Our aggressive unlawful possession defense attorneys know all of the elements that the prosecutor must prove in order to convict you of possession of a controlled substance. To convict you of unlawful possession of a controlled substance, the prosecutor must prove the following:

• You unlawfully possessed a controlled substance;
• You knew of the presence of the controlled substance;
• You knew of the substance’s nature and character as a controlled substance;
• The controlled substance was in a usable amount.

For over 30 years, the attorneys at Wallin & Klarich have been successfully defending clients accused of possession of a controlled substance. We are well-versed in all of the defenses to a charge of HS 1350(a) and have the knowledge to help you win your case. Your Wallin & Klarich attorney can successfully raise one of the following defenses on your behalf:

You did not have legal possession of the controlled substance
You may not be convicted under HS 11350(a) if you did not have legal possession of the controlled substance. For example, imagine that you are sleeping in a friend’s bed while your home is being remodeled. Law enforcement agents raid your friend’s house and discover heroin stashed under the mattress that you are sleeping on. Despite your close proximity to the heroin, you did not exercise legal possession over the heroin.

 

Momentary possession
The prosecutor may not convict you of unlawful possession of a controlled substance if you can prove the following three elements:
• You possessed the marijuana for a momentary or transitionary period;
• You possessed the marijuana in order to abandon, dispose of, or destroy it; AND
• You did not intend to prevent law enforcement officials from obtaining the marijuana.

 

Valid prescription
A prosecutor may not convict you under HS 11350(a) if you had a valid prescription for the controlled substance. For example, you may not be charged under HS 11350(a) for possession of OxyContin if a licensed physician prescribed you OxyContin to treat bodily pain resulting from a serious car accident.

Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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