Bend Drug Possession Lawyer

Defending Against Drug Possession Charges in Oregon 

When it comes to drug possession charges in Oregon, the stakes are high. Drug possession is considered a serious criminal offense and is penalized as such in the state. At Baxter Law, LLC, our Bend drug possession attorneys are committed to defending your rights and advocating for your best interests.

Contact Baxter Law, LLC today at (541) 238-9210 or contact us online to schedule a consultation with our Bend drug possession attorney.

What is Drug Possession?

Drug possession is a legal term that refers to holding or having controlled substances in your possession, control, or custody. These controlled substances can include marijuana, cocaine, methamphetamines, heroin, prescription medications, and more. Like many other states, Oregon has strict laws governing controlled substance possession.

There are two primary types of drug possession charges:

• Actual Possession: This type of possession occurs when the drugs are found on your person, in your pockets, bag, or any other place within your immediate control. For instance, if you have drugs in your pocket or backpack, you may be charged with actual possession.
• Constructive Possession: Constructive possession refers to situations where you can and intend to exercise control over the drugs, even if they are not on your person. For example, if drugs are found in your car or in your home, and you have knowledge of their presence, you may be charged with constructive possession.

What are the Penalties for Drug Possession in Oregon?

The penalties for drug possession in Oregon will vary depending on several factors, including the type and quantity of the controlled substance and your prior criminal record. Oregon classifies controlled substances into different schedules, and the severity of the penalties depends on the specific schedule of the drug involved. Penalties may include:

• Fines: Convictions for drug possession can result in fines that can range from hundreds to thousands of dollars, depending on the drug and the amount in your possession.
• Jail Time: Depending on the specifics of the offense, you may face jail time. Oregon's sentencing guidelines consider the type and quantity of drugs involved, as well as your criminal history.
• Probation: In some cases, probation may be offered as an alternative to jail time, requiring you to adhere to certain conditions, such as drug testing, treatment, and regular check-ins with a probation officer.
• Mandatory Drug Treatment: Judges may order mandatory drug treatment programs as part of your sentencing, aiming to handle the underlying issues that may have contributed to your drug possession.
• Criminal Record: A drug possession conviction can result in a criminal record, which can have long-lasting consequences for employment, housing, and other opportunities.

Defenses Against Drug Possession Charges in Oregon

Some common defenses against drug possession charges may include:

• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by performing an illegal search or seizure, any evidence obtained may be deemed inadmissible in court.
• Lack of Knowledge: You may not be found guilty of drug possession if you were unaware of the presence of controlled substances. Proving a lack of knowledge can be a viable defense strategy.
• Unlawful Stop or Arrest: If your arrest was not based on probable cause or was unlawful in any way, it may be possible to challenge the validity of the arrest and the evidence obtained.
• Prescription Medication: If you had a valid prescription for the medication, you may have a valid defense against drug possession charges.
• Chain of Custody Issues: The prosecution must establish a clear chain of custody for the evidence. Any gaps or inconsistencies in this chain can be exploited as a defense.
• Substance Misidentification: Errors in the identification of the controlled substance can also be used as a defense. Lab analysis results can be challenged. 

What Happens if Drugs Are Found in My Car or House?

When drugs are found in a car or house, it is possible for law enforcement to charge anyone present or linked to the property with possession. However, determining responsibility for the drugs is not always straightforward. Authorities will look for factors such as ownership of the vehicle or residence, proximity to the drugs, and any evidence of knowledge or control over them.

In a car, the driver or the person closest to the drugs is often presumed to be in possession, but this assumption can be challenged. Proving that the drugs belonged to someone else or that the driver was unaware of their presence is a common defense. For example, if the car was borrowed or multiple passengers were present, it can be argued that another party may have been responsible.

In a household setting, the situation is similar. Typically, the homeowner or tenant where the drugs are found is considered accountable, but this can be disputed if the drugs belong to a guest or someone else living in the home. Proving lack of knowledge or control over the drugs is key in defending against possession charges. In shared living spaces, it can be difficult to assign ownership of illegal substances, giving room for defense strategies.

An important legal aspect in these cases is the validity of the search and seizure. If law enforcement did not follow proper procedures when searching a vehicle or home, any evidence obtained may be excluded from the case, which could lead to dismissal of charges.

Consulting with a Bend drug possession attorney is critical to navigate these complexities, challenge the evidence, and build a defense tailored to the circumstances surrounding the discovery of the drugs.

Understanding the Impact of a Drug Possession Charge

Facing a drug possession charge can be overwhelming, not just legally but also personally and professionally. It’s crucial to understand the broader implications that such a charge can have on your life. A conviction can affect your employment prospects, housing opportunities, and even your relationships.

At Baxter Law, LLC, we believe in empowering our clients with knowledge. Here are some key factors to consider:

• Employment Consequences: Many employers conduct background checks, and a drug possession conviction can limit your job opportunities. Understanding your rights and options can help you navigate this challenge.
• Educational Opportunities: Students may face disciplinary actions from their educational institutions, including suspension or expulsion. We can assist in protecting your educational future.
• Impact on Licensing: Certain professions require licensing, and a drug conviction can jeopardize your ability to obtain or maintain these licenses. We can help you understand the potential ramifications.
• Rehabilitation Options: Instead of facing harsh penalties, you may qualify for diversion programs or rehabilitation options that can lead to a more favorable outcome. Our team is experienced in advocating for these alternatives.

Don't let a drug possession charge define your future. Contact us today for a comprehensive consultation, and let us help you explore all your options and rights.

Contact Our Bend Drug Possession Attorney Today

The consequences of a drug possession conviction can be life-altering, affecting your freedom, finances, and future opportunities. At Baxter Law, LLC, our Bend drug possession lawyer will work tirelessly to investigate your case, explore all possible defenses, and fight for the best possible outcome. Your future is too important to leave to chance – let us be your advocates in your time of need.

Contact Baxter Law, LLC online or call (541) 238-9210 today to get started with our Bend drug possession lawyer.