Drug Possession Lawyer in Riverside, CA

40+ Years of Combined Experience Defending Possession Charges in Riverside County

A drug possession charge in California carries real consequences, and the outcome depends heavily on how your case is handled from the start. At The Law Offices of Ty Martinez, we represent clients facing drug crimes in Riverside as part of our criminal defense practice. Whether you’re dealing with a misdemeanor possession charge or something more serious, we make sure you understand what you’re actually up against, not a worst-case scenario designed to alarm you.

If you’ve been arrested or charged with drug possession in Riverside, CA, don’t wait to get answers. Call (888) 464-1038 now to speak with our defense team about your case.

Honest Counsel Grounded in Experience

Our team brings more than 40 years of combined experience defending people charged with criminal offenses, including drug crimes. We’ve seen how quickly alarming language from an attorney, or from the internet, can make a situation feel more hopeless than it is. Our approach is the opposite: we walk clients through the realistic implications of their specific charge, the actual range of outcomes, and what a credible defense looks like for their situation.

We work toward dismissals, acquittals, and sentence reductions. What that looks like in your case depends on the facts, and that’s exactly what we focus on from day one.

How California Defines Drug Possession

Most possession charges in California fall under Health and Safety Code 11350, which prohibits possessing controlled substances such as heroin, cocaine, or prescription drugs without a valid prescription. To secure a conviction, prosecutors must prove three things under CALCRIM No. 2304: that the defendant unlawfully possessed the substance, that they knew it was present, and that they knew it was a controlled substance. Challenging any one of these elements is often central to the defense.

California law also distinguishes between three types of possession:

• Actual possession: The substance is on your person
• Constructive possession: The substance is somewhere you control, such as your home or car, even if you aren’t physically holding it
• Joint possession: Two or more people share control of the substance

Following Proposition 47 in 2014, most first- and second-time simple possession offenses under HS 11350 are prosecuted as misdemeanors, punishable by up to one year in county jail and a court assessment of up to $70. That’s a meaningful shift from how these cases were charged before, and it shapes how a defense is built.

When Possession Becomes a Felony in California

Proposition 36, enacted in late 2024, introduced a new category called a treatment-mandated felony. Under this provision, defendants with two or more prior drug-related convictions who are charged with possessing certain hard drugs can face felony charges. A treatment-mandated felony has two possible paths: complete the court-ordered treatment program and become eligible for a full dismissal, or refuse and face up to three years in state prison.

Other circumstances can also push a possession charge into felony territory:

• Prior convictions for serious or violent offenses
• Being required to register as a sex offender
• Possessing a controlled substance while armed with a loaded firearm

Defense Strategies for Riverside Drug Possession Cases

No two possession cases are identical, and the defenses that apply in one situation may not apply in another. That said, several legal arguments regularly come into play.

Fourth Amendment Suppression
Evidence obtained through an unlawful search or seizure can be challenged under the Fourth Amendment. If police violated your rights when stopping, searching, or arresting you, we can move to suppress that evidence. Without the physical evidence, the prosecution’s case may be significantly weakened.

Lack of Knowledge or Control
The prosecution must prove you knew the substance was there and that it was a controlled substance. In shared spaces like a borrowed vehicle or an apartment with multiple occupants, that’s not always easy to establish. This defense is frequently relevant in constructive and joint possession situations.

Diversion Programs
Eligible nonviolent defendants may qualify for diversion under Penal Code 1000 or court-supervised treatment. Completing a diversion program may result in dismissal and sealing of the arrest record, which matters well beyond the courtroom. A conviction can affect employment, professional licenses, immigration status, and housing. Avoiding a conviction through diversion is often an important outcome we may pursue for a client.

Where Riverside Possession Cases Are Heard

Felony and misdemeanor drug possession cases in Riverside County are generally heard at the Riverside Hall of Justice, the county’s primary criminal courthouse, which houses 21 criminal courtrooms. We work in Riverside County courts regularly and understand how cases at this courthouse tend to move, which matters when building a defense strategy.

Retaining a defense attorney before charges are formally filed can give you an opportunity to protect your rights and shape how your case is presented from the outset.

Get a Free Case Evaluation for Your Drug Possession Charge

If you’re facing a drug possession charge in Riverside or anywhere in Riverside County, you deserve a clear-eyed picture of where you stand. The Law Offices of Ty Martinez offers free initial case evaluations so you can discuss your situation without any financial obligation and get honest answers about what your charge actually means.

Call (888) 464-1038 today to schedule your free evaluation with our Riverside criminal defense team.