Possession

Bakersfield Drug Possession Lawyer

Facing Drug Possession Charges in Kern County?

A drug possession charge can flip your life upside down, but it doesn’t have to define your future. Whether it’s a small amount of marijuana or more serious allegations involving meth, heroin, cocaine, or prescription drugs like Oxycodone or Xanax, these charges don’t just threaten your freedom—they can impact your career, relationships, and reputation.

At Humphrey & Thompson, we don’t just see a case; we see a person with a story worth defending. Our team knows the ins and outs of Bakersfield’s courts and uses that knowledge to challenge weak evidence, expose procedural errors, and fight aggressively for your rights. With years of experience and a tailored approach for every client, we can help you take control of what feels like an uncontrollable situation.

Don’t wait—your future is worth protecting. Call Humphrey & Thompson today at for a consultation with a seasoned Bakersfield drug possession attorney.

Understanding Drug Possession Laws in California

Drug Classifications Under State & Federal Law

California’s drug laws align with the federal Controlled Substances Act and categorize substances into five schedules. These schedules determine the potential penalties for possession based on the drug type’s accepted medical use and abuse risk.

The schedules break down like this:

Schedule I Drugs (e.g., heroin, LSD, MDMA): These are classified as having no accepted medical use and carry the highest penalties for possession.
Schedule II Drugs (e.g., methamphetamine, cocaine): While these have approved medical applications, their misuse is treated seriously, often resulting in heavy penalties.
Schedules III–V include prescription medications, such as steroids or painkillers, where penalties can differ depending on the specific circumstances.

Typical Penalties for Drug Possession

Penalties vary significantly based on whether the offense includes marijuana, methamphetamine, heroin, or controlled prescription drugs.

While marijuana possession may lead to relatively lenient consequences, like fines, substances like methamphetamine can lead to long prison sentences, especially when aggravating factors such as possession near schools are involved.

Defenses Against Drug Possession Accusations

To counter drug possession charges, attorneys employ various evidence-based strategies.

Here are some common legal defenses used in these cases:

Lack of knowledge. This defense argues that the defendant was unaware of the substance’s presence in their possession. For example, an individual may claim the drugs belong to someone else.
Illegal search and seizure. Evidence obtained without adhering to procedural guidelines may be inadmissible. Cases of unlawful searches often lead to dismissals or reduced charges.
Chain of custody irregularities. Improper evidence handling, such as mislabeling or contamination, can significantly weaken the prosecution’s case.
Medical marijuana compliance. While medical marijuana is legal in California, individuals must adhere to regulations regarding its possession. Charges involving non-compliance with these laws can sometimes be downplayed with evidence of medical use.
Mistaken identity. False accusations or errors in observation by law enforcement may lead to charges against the wrong individual.

By meticulously examining evidence and identifying flaws in the prosecution’s case, a skilled attorney can craft a solid legal defense.

Alternative Sentencing Options for Drug Possession Offenses

Bakersfield offers several diversion and rehabilitation-focused programs aimed at reducing incarceration rates and helping individuals rebuild their lives, such as:

Rehabilitation-based programs. Drug courts and other alternatives prioritize rehabilitation over punishment. Successful program completion often results in reduced penalties or dropped charges.
Record expungement. Convictions for drug-related offenses can complicate future job searches, housing opportunities, and education pursuits. Expungement removes the record under specific circumstances, offering a fresh start.
First-offender diversion options. First-time drug possession offenders may qualify for programs like community service, drug education, or counseling rather than the typical penalties for a conviction.
Proposition 36. Prop 36 allows for treatment instead of incarceration for certain nonviolent drug possession offenses.

If you are facing drug possession allegations, an experienced attorney can help determine your eligibility for these programs and explore every route toward minimizing the impact of your charges.

Consequences for Drug Possession Charges

Drug possession charges range from penalties depending on the circumstances. Even seemingly minor infractions can escalate under certain conditions. For example, possessing drugs near children, where minors can access them, or alongside firearms, can turn a simple misdemeanor charge into a felony. Additionally, furnishing any illegal drug to a minor is considered a felony offense.

Individuals convicted of drug possession may face penalties such as:

Jail time or incarceration.
Substantial fines.
Probation or parole with restrictive conditions.
Loss of professional licenses or driving privileges.
Compulsory enrollment in rehabilitation programs.
Revocation of firearm ownership rights.
Mandatory drug testing requirements.
Potential for warrantless property searches.

A focused legal defense plays a key role in navigating these challenges. You don’t have to face these accusations alone. Consulting an attorney as early as possible in the legal process can help you build a strong case and protect your future.

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Why Choose Humphrey & Thompson for Drug Possession Defense in Kern County?

With over 30 years of dedicated criminal defense experience, Humphrey & Thompson has successfully handled innumerable challenging drug possession cases. Our attorneys played pivotal roles during the “War on Drugs” era, gaining decades of practical knowledge that still informs our defense tactics today. Having managed over tens of thousands of cases with a success rate exceeding 90%, we are equipped to provide the defense strategies needed to contest serious accusations.

Strategies we employ include, but are not limited to:

Scrutinizing the evidence presented by the prosecution.
Investigating law enforcement procedures for rights violations.
Proactively defending clients’ constitutional protections.

If you’re facing drug possession charges, it’s time to defend your rights effectively. Call or contact us online to schedule a consultation with a Bakersfield drug possession lawyer.

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