Drug Possession Attorney in Bakersfield

How California Law Treats Drug Possession

California Health and Safety Code 11350 makes it unlawful to possess specified controlled substances without a valid prescription, with a potential county jail sentence of up to one year. Proposition 47, the Safe Neighborhoods and Schools Act, took effect in November 2014 and reclassified most drug possession offenses from felonies to misdemeanors, changing the landscape considerably for many defendants.

Possession can still be charged as a felony, carrying 16 months to three years in jail, when the person has prior convictions for violent crimes, certain sex offenses, or is a registered sex offender. Under Proposition 36, which took effect in December 2024, prosecutors also have the option to charge a “treatment-mandated felony” for possession of certain hard drugs when the defendant has two or more prior drug-related convictions. Completing court-ordered treatment may result in dismissal of the charge. Failing to do so can lead to time in custody. Aggravating factors such as proximity to a school or a prior possession-for-sale conviction can also affect how a charge is filed and how aggressively it is prosecuted.

Defense Strategies in Drug Possession Cases

Two of the most effective avenues of defense in Bakersfield drug possession cases are constitutional challenges to the search and forensic challenges to the evidence itself.

Unlawful Search & Seizure

Evidence obtained without a valid warrant, probable cause, or consent may be challenged through a motion to suppress. If the motion succeeds, that evidence can’t be used at trial, and the prosecution’s case may be significantly weakened. California law also distinguishes between actual possession and constructive possession, meaning the prosecution must prove the defendant knowingly had control over the substance, not merely that it was nearby.

Forensic & Laboratory Scrutiny

Mr. Brehmer’s training in pharmacology, toxicology, and laboratory techniques allows him to examine drug testing methods in a way many defense attorneys can’t. He can identify inconsistencies in test results, problems with sample handling, or flawed analysis procedures. In cases involving alleged possession, distribution, or manufacturing, that level of forensic review can reveal weaknesses the prosecution hasn’t anticipated.

Diversion & Treatment Alternatives in Kern County

Not every drug possession case ends in conviction or incarceration. Kern County offers diversion programs in certain misdemeanor and felony matters, where a judge may order treatment, counseling, or community service in place of jail time or a fine. California’s pretrial diversion process allows eligible defendants to complete program requirements before a plea is entered, which may help them avoid a conviction upon successful completion.

Drug court operates on a similar principle. Participants typically enter a plea, complete a structured treatment program, and may have their charges reduced when all requirements are met. Whether diversion or drug court is a viable path depends on the specific charge, the defendant’s history, and how the case is presented. Brehmer Law Corporation evaluates these options for each client from the start.