Drug Possession Defense Lawyer in Santa Clara County

San Jose Attorney for Clients Charged with Possession of Controlled Substances

A conviction on drug possession charges in California has the potential to change the course of the rest of your life. Due to recent changes to California law, the possession of a controlled substance is usually prosecuted as a misdemeanor, at least for a first offense, but the consequences could still be very expensive and leave a permanent mark on your criminal record.

At Fuller Law Firm, we believe that it is important to take drug possession charges seriously. Our experienced team understands what is at stake, and we have the knowledge and resources to assist you. We will do everything we can to help you avoid a conviction and to minimize the negative effects on your future.

Defense Counsel for Drug Charges in Northern California

Attorney Cory Fuller is a Santa Clara County criminal defense lawyer with more than a decade of legal experience. He and the rest of his team realize what you are up against when you have been charged with drug possession. We handle all types of drug possession cases, and we can help you if you have been accused of possessing:

• Cocaine;
• Heroin;
• Methamphetamine;
• MDMA and ecstasy;
• LSD;
• Prescription drugs without a valid prescription; or
• Other controlled substances.

Our team can also assist those charged with illegal possession of marijuana. The recreational use of cannabis is now legal for adults in California, but it is against the law for a person to possess more than one ounce of dried marijuana or eight grams of any type of cannabis concentrate. If you have been caught with more than that, or if you are under age 21, you could face misdemeanor possession charges.

Protecting Your Fourth Amendment Rights

The severity of drug possession charges will generally depend on the type of drug and the amount that is found by law enforcement. In most cases, the drugs themselves are the evidence on which the charges are based, and the drugs are most often found during a police search. When conducting searches, however, officers cannot violate or compromise your rights guaranteed by the Fourth Amendment.

The Fourth Amendment to the U.S. Constitution promises citizens that they cannot be subjected to an unlawful search or seizure of personal property. For a search of a home to be lawful, for example, the police will usually need a warrant issued by a judge. A warrant is not always needed for the search of a vehicle, but the officer does need to have probable cause that evidence of a crime will be found.

Evidence that is discovered in an unlawful search may be thrown out by the court. Without evidence, the entire case against you could be dismissed. Our team will look into the details of your arrest and the procedures used by police to determine if your constitutional rights were compromised.

Finding Solutions

In some situations, your best course of action could be to work with prosecutors and the court to avoid conviction. At Fuller Law Firm, we understand the importance of showing the court that you are more than just the name on a criminal complaint. As appropriate, we will work with you in obtaining a mental health assessment to determine if underlying issues may have contributed to the behavior in question and the best ways to address those issues. Mental health programs and other diversion options could be available, and we will do everything we can to get you the second chance you deserve.

Schedule a Free Consultation Today

If you or a member of your family is facing drug possession charges, contact our office for guidance. Call 408-234-7563 for a free consultation and case review today. Our firm represents clients in San Jose, Palo Alto, Gilroy, Fremont, Alameda County, Santa Clara County, and the surrounding communities.