Sacramento Drug Possession Lawyer
Trusted Drug Possession Attorneys Serving Sacramento County, CA
Drug charges are taken very seriously by law enforcement and the courts. Whether you are facing charges for simple possession or possession with intent to sell, it is important to protect your rights by retaining an experienced lawyer. At Donato Legal Group, our Sacramento drug possession lawyer is committed to providing aggressive defense to individuals who have been accused of drug crimes. We understand the stress you are under and will do everything we can to help you get through this difficult time.
If you've been charged with drug possession, call us at (916) 318-5997 or contact us online for a free consultation.
Our Experience With Drug Possession Cases
When it comes to drug possession defense, Donato Legal Group has a documented history of achieving exceptional results, even in cases where the odds appear stacked against the client.
When one client faced felony charges for possession of methamphetamine compounded by firearm enhancements, the case drew skepticism from the courtroom itself, yet Attorney Alan Donato took it to trial anyway, and the jury returned not guilty verdicts in under an hour. In another matter, a client charged with felony cultivation and possession of marijuana not only had the case dismissed, but Mr. Donato negotiated the return of $20,000 in cash seized during the arrest.
From cutting-edge legal arguments to aggressive trial advocacy, Donato Legal Group pursues every available avenue to protect clients facing drug possession charges.
Understanding Drug Possession Laws in California
In California, it is illegal to possess drugs without a valid prescription. Whether you are found with a small amount of a controlled substance or a large quantity, you could be charged with drug possession. The penalties for drug possession depend on the type of drug you are found with and the circumstances of your case.
Under California Health and Safety Code Section 11350, it is a felony to possess any of the following substances:
- Heroin
- Cocaine
- Prescription drugs
- Codeine
- Hydrocodone
- Oxycodone
- Gamma-hydroxybutyric acid (GHB)
- Methamphetamine
If you are found in possession of a controlled substance that is not on this list, you may be charged with a misdemeanor. However, if you are in possession of a large amount of the drug, you could be charged with possession with intent to sell.
Types of Defenses Against Drug Possession Charges
There are several defenses that can be used to fight drug possession charges, including:
- You did not know the drug was in your possession
- You did not know the drug was a controlled substance
- The drugs were found during an illegal search and seizure
When you hire our firm, we will review the circumstances of your arrest and the evidence against you to determine the most effective defense strategy. If the drugs were found during an illegal search, we will file a motion to suppress the evidence. If your rights were violated, we may be able to get the charges against you reduced or dismissed.
Consequences of Drug Possession Conviction in California
The penalties for drug possession depend on the type of drug you are found with and the amount of the drug you are found with. Possession of most controlled substances is a felony offense. The maximum sentence for felony drug possession is three years in state prison. However, if you are found with a large amount of the drug, you could be charged with possession with intent to sell. This is a more serious charge and is also a felony. The maximum sentence for felony possession with intent to sell is four years in state prison.
Recent Case Results
We Prepare Every Case as if it's Going to Trial
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Case Dismissed Felony Charge
Getting this felony case dismissed at preliminary hearing was a fight. But by effectively cross examining the arresting officer and showing that our client was not an accomplice to the alleged crime, Mr. Donato succeeded in getting this dismissal.  Our client came into the preliminary hearing facing felony charges of conspiracy and battery with great bodily injury, and he walked out a free man with an untarnished record.
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Case Dismissed Domestic Violence
Client was arrested for domestic violence after boyfriend called the police and lied about a fight he in fact started. We showed the prosecution our client’s medical records documenting her significant injuries in contrast to her boyfriend’s minor injuries and the prosecution dismissed against our client to pursue charges against her boyfriend.
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Not Guilty Possession of Methamphetamine for Sale
With a client facing charges for possession of methamphetamine for sale in addition to firearm enhancements, even the judge questioned Mr. Donato as to why he was taking the case to trial. In the end, however, the jury had very few questions to ask, as it took them less than an hour to return their not guilty verdicts for Mr. Donato's client.
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Not Guilty Possession of a Concealed Firearm
Charged with possession of a concealed firearm inside of a car, our client was facing special criminal enhancements. Not only did the gun have an illegal high-capacity magazine, our client allegedly possessed the gun in association with a gang. Mr. Donato fought this case at trial and hung the jury 9-3 for not guilty. But the District Attorney elected to re-try the case. Mr. Donato responded by taking the case to trial again, this time returning with a full not guilty verdict.
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Full Acquittal DUI
Mr. Donato won a full acquittal at trial by showing that the DA could not prove Mr. Brown was under the influence of alcohol at the time he was driving. The jury concluded the case was too speculative, and Mr. Brown walked on all DUI charges against him.
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Case Dismissed Felony Marijuana Charges
Dismissed Client was charged with multiple felony marijuana related charges. Our investigation showed that client was not involved in the operation although she was present during execution of the search warrant. The case was dismissed as to our client, whereas the co-defendants were convicted.
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Reduced to a misdemeanor Felony Sexual Battery
Appointed Indigent Defense Counsel in San Joaquin County; the client was charged with felony sexual battery and looking at his third strike and 25 years to Life in prison; upon body-worn camera review, Mr. Donato was able to present evidence to the DA and had the case reduced to a misdemeanor, and the client was released from jail custody that day.
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Case Dismissed Battery Charge
This battery case was ultimately dismissed after our office conducted investigation and found independent witnesses who stated that the victim lied to police and actually started the fight. The DA agreed to dismiss the case and Ms. August was able to maintain her clean record.
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Not Guilty Sexual Assault
With a client facing life in prison on sexual assault charges, our office decided to take this case to trial. After fighting to expose the holes in the Prosecution's case, the jury returned not guilty verdicts on all counts.  Our client was released from custody the same day.
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Case Dismissed Battery Charge
With a client facing charges for spousal battery, a serious offense that would have cost him his job, Mr. Donato effectively negotiated with the DA, resulting in a full dismissal in return for 12 anger management classes.
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Case Dismissed Assault with a Deadly Weapon
Dismissed Client was charged with brandishing a firearm when he had a confrontation with his daughter’s boyfriend in his own home. We effectively fought to get this case dismissed on the eve of trial.
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Acquitted of ALL charges (Trial) Felony Sexual Assault of a Minor
Client was a group home employee and was accused by one of the (minor) group home residents of sexual misconduct. Our office successfully showed the complaining witness was lying about the allegations, and the jury unanimously acquitted Ms. Roberts of all charges after deliberating for only a few hours.
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Not Guilty Illegal Discharge of a Firearm
Client was charged with multiple felony assaults and unlawful discharge of a firearm with gang enhancements and looking at life in prison. Mr. Donato was able to get a full acquittal.
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Suspension Waived DMV Administrative Per Se Hearing
At this DMV Administrative Per Se hearing, Mr. Donato argued that the Campus Police Officers did not have lawful authority to conduct a traffic stop away from campus. The Hearing Officer agreed and set aside our client's Campus license suspension.
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Not Guilty Attempted Murder
Client was charged with several felonies including attempted murder and was acquitted of this charge by means of self-defense.
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Acquittal Attempted Murder
Client was facing life in prison for attempted murder after a shooting on a bus where the jury found the client acted in self-defense.
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Dismissed Felony Child Abuse
Private Retained Counsel in Sacramento County; client was charged with felony child abuse and the DA offered prison time for plea bargan, Mr. Donato obtained the opinion of a child abuse expert and was able to get the DA to dismiss the case in the interest of justice.
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Dismissed Embezzlement
Client was a military veteran that was accused of embezzlement from his employer. Mr. Donato was able to get the employer and DA to drop all charges and dismissed the case.
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Not Guilty Felony Domestic Violence
Our client faced charges for felony domestic violence and misdemeanor child abuse. Mr. Donato showed the jury at trial that Mr. Hillman's spiteful ex-girlfriend had lied about the facts. Mr. Hillman walked into trial facing 10 years in prison, but he walked out a free man.
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Case Dismissed Robbery
Client was facing robbery charges and our investigation showed the witness was not likely to show up for trial. We pushed to get this case before a jury, and when the prosecution was unable to produce evidence against our client the case was dismissed.