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Back Possession for Personal Use by Darren Kavinoky Possession for Personal Use Possession of drugs for personal use requires the following knowledge: „X Knowledge of the presence of the controlled substance „X Knowledge that the substance is in fact a controlled substance. It is not necessary that the defendant know the chemical name or the precise chemical makeup of the substance. Possession itself may be either actual or constructive. Actual possession means that person knowingly exercises direct physical control over the controlled substance. On the other hand, constructive possession does not require actual possession but does require that a person either knowingly or have the right to exercise control over the controlled substance, either directly or through another person. Constructive possession can be found even when the right of dominion and control over the place is shared with another. The California criminal jury instructions, known as CALJIC define the elements that must be proved by the prosecutor in order to convict the defendant for possession of an unlawful drug. CALJIC 12.00 says in relevant part: ¡§In order to prove this crime, each of the following elements must be proved: 1. A person exercised control over or the right to control an amount of [a controlled substance]; 2. That person knew of its presence; 3. That person knew of its nature as a controlled substance; and 4. The substance was in an amount sufficient to be used as a controlled substance.¡¨ The punishment for possession of a controlled substance is punishment in the county jail up to one year or in the state prison. A first offense may have an additional fine of at least $1000 or community service. A second or subsequent offense is punished by a fine of at least $2000 or community service. The punishment for possession of marijuana is imprisonment in the county jail up to one year .and/or by a fine up to $500 or else imprisonment in the state prison. If the amount of marijuana is less than 28.5 grams, then it is a misdemeanor, punishable by imprisonment in the county jail up to six months, and/or a fine up to $100. Proposition 36 is a ballot initiative that sends drug offenders to treatment programs instead of prison. Proposition 36 generally applies to those people with new convictions for drug offenses who qualify for treatment provided that they are not convicted of sale or manufacture or any non-drug crimes at the same time. Offenders are excluded if they have a prior conviction for a serious or violent felony (a Author's Biography: If you stand accused of a crime in or around Los Angeles, Ventura, Orange, Riverside, San Bernardino, San Diego, or San Francisco Counties in California, you can entrust criminal defense attorney Darren Kavinoky to provide the expert legal advice needed to solve your problem.
The Kavinoky Law Firm is delighted to announce that criminal defense lawyer Darren T. Kavinoky has been named a Super Lawyer Rising Star in the September, 2005 issue of Los Angeles Magazine. Additionally, Darren was featured in NEWSWEEK.
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