Drug Possession

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.

Read More Read Less

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.

  • 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.

  • 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.

  • 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.

  • Case Dismissed Possessing Marijuana for Sale

    Even before trial, our office had this case dismissed by presenting evidence that our client, who faced felony charges of possessing marijuana for sale, qualified as a legal caregiver and was protected from prosecution under the California medical marijuana laws.

  • Not Guilty Attempted Murder

    Client was charged with several felonies including attempted murder and was acquitted of this charge by means of self-defense.

  • 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.

  • 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.

  • 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.

  • Case Dismissed Drug Charge

    Our client's drug case was dismissed after Mr. Donato proved to a judge that the officer's only basis for conducting a probation search in this case was for harassment purposes in violation of his client's 4th Amendment Rights.

  • 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.

  • Case Dismissed Assault with a Deadly Weapon

    After an intense road rage incident, our client was charged with assault with a deadly weapon for allegedly ramming another car with her own. After diligent investigation and negotiations with the Prosecutors in this case, Mr. Donato persuaded the government to dismiss the case in its entirety.

  • Case Dismissed Vehicle Theft and Evading Law Enforcement

    With our client charged with felony vehicle theft and evading law enforcement, Mr. Donato sought out the necessary investigation to show that his client was actually not the driver of the vehicle. The DA dismissed all charges.

  • 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.

  • Not Guilty Gang Enhancement

    Our office was proud to defeat the gang enhancement charge at trial for our client, who was charged with possessing a firearm for the benefit of a gang.  Defeating the gang enhancement was the sole reason for going to trial, and it saved our client from gaining a second strike conviction, not to mention significant prison time.

  • Full Acquittal DUI

    Our office took this case to jury trial and received a full acquittal on all charges including DUI and refusing to take a chemical test.  This would have been Mr. Sanchez's second DUI and would have resulted in a year long license revocation.

  • 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.

  • 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.

  • Not Guilty Robbery & Felony Assault

    Charged with robbery and felony assault resulting in great bodily injury, our client was facing multiple strikes and significant time in prison. Mr. Donato took this case to trial, earning not guilty jury verdicts on both charges. Mr. Escobar walked out of court a free man, holding his young daughter in his arms.

  • 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.

  • Case Dismissed Possessing Marijuana for Sale

    Mr. Donato covinced the District Attorney that his client was protected under the Medical Marijuana Laws as a legal caregiver, and all felony charges regarding possessing marijuana for sale were dismissed.