Orange County Drug Possession Attorney

Charged with Drug Possession in the OC?

Being arrested for drug possession in Orange County can feel overwhelming. California takes drug-related offenses seriously, and even a minor possession charge can lead to fines, probation, or jail time. Whether you are facing misdemeanor or felony charges, you need an experienced Orange County drug possession lawyer to defend your rights and guide you through the legal process. At Law Offices of Virginia L. Landry, Inc., we are committed to protecting your future by building strong defense strategies tailored to your case.

Call (949) 694-8804 to schedule a free case evaluation.

What is Drug Possession?

Under California law, drug possession means having control over a controlled substance without legal authorization, such as a valid prescription. Control does not necessarily mean the drugs are on your person—it can also mean they are in your home, vehicle, or another location you have access to.

Drug possession charges are generally divided into two categories:

• Actual possession – The drugs are physically on your body, such as in your pocket or bag.
• Constructive possession – The drugs are found in an area you control, like your car, apartment, or storage locker, even if they are not directly on you.

Both types can lead to serious criminal charges, making it crucial to work with a skilled attorney who can challenge the evidence against you.

Common Ways to Possess Controlled Substances

There are multiple circumstances in which prosecutors may pursue a drug possession charge. Some of the most common include:

• Personal possession – Having illegal drugs, such as cocaine, heroin, methamphetamine, or ecstasy, for personal use.
• Prescription drugs without authorization – Being caught with prescription medication (such as opioids, Xanax, or Adderall) without a valid prescription.
• Marijuana-related issues – While recreational marijuana is legal in California, there are still restrictions on quantity, age, and possession in certain areas. Violations may result in charges.
• Shared possession – If drugs are found in a shared space, multiple individuals may be accused of possession.
• Possession with intent to sell – If the amount of drugs or other evidence (scales, baggies, large amounts of cash) suggests distribution, prosecutors may elevate charges beyond simple possession.

Drug Possession Penalties in California

The consequences for drug possession in Orange County depend on the type and quantity of the substance, as well as your criminal history. While California has reduced penalties for some non-violent drug offenses, the repercussions can still be severe.

• Misdemeanor drug possession – Usually applies to small amounts of controlled substances for personal use. Punishments can include up to one year in county jail and fines.
• Felony drug possession – Applies to larger amounts, repeat offenses, or possession with intent to sell. Penalties can include several years in state prison and substantial fines.
• Diversion programs – First-time or low-level offenders may qualify for drug diversion programs or treatment in place of jail time. Successful completion can result in dismissed charges.
• Collateral consequences – Beyond criminal penalties, a conviction can impact employment, immigration status, housing opportunities, and professional licensing.

Because the stakes are so high, having our Orange County drug possession lawyer on your side can make the difference between jail time and a second chance.

Legal Defenses to Drug Possession Charges

Every case is unique, but some common defense strategies include:

• Illegal search and seizure – If police violated your Fourth Amendment rights when obtaining evidence, it may be suppressed.
• Lack of knowledge – You may not have known the substance was present, or that it was an illegal drug.
• Valid prescription – Having a legitimate prescription can be a strong defense for certain controlled medications.
• Lack of control – If the drugs were not under your direct control, prosecutors may struggle to prove possession.
• Entrapment or misconduct – If law enforcement engaged in unlawful tactics, charges may be reduced or dismissed.

An experienced attorney will thoroughly analyze your case to determine the best defense approach.

Drug Possession FAQs

Is marijuana possession still a crime in California?

Recreational marijuana is legal for adults over 21, but there are limits. Possessing more than 28.5 grams, being underage, or having marijuana in restricted places (such as schools) can still lead to charges.

Will a first-time possession charge put me in jail?

Not necessarily. First-time offenders may be eligible for diversion programs, probation, or treatment instead of jail time. However, it depends on the substance and the circumstances of your arrest.

Can a drug possession conviction be expunged in California?

In many cases, yes. If you successfully complete probation or a diversion program, you may be able to petition for expungement to clear your record.

What should I do immediately after a drug possession arrest?

Remain calm, exercise your right to remain silent, and request an attorney. Anything you say can be used against you, so avoid giving statements without legal counsel.

Why should I hire a local lawyer?

Local attorneys understand the judges, prosecutors, and court procedures in Orange County, which can give you an advantage when building a strong defense.

Contact an Experienced Orange County Drug Possession Lawyer

If you or a loved one has been charged with drug possession in Orange County, you don’t have to face the legal system alone. At Law Offices of Virginia L. Landry, Inc., we fight to protect your rights, reduce penalties, and help you move forward with your life. Our team has the experience, knowledge, and dedication needed to achieve the best possible outcome in your case.

Contact us today to get started on your defense.