Domestic Violence and Drug Possession

At the Orange County Law Office of David P Schwarz we are experienced at handling domestic violence and drug Possession crimes. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached by email at dpslaw66@gmail.com.

First a Domestic Violence attorney must defend against the charges of their client having possession for personal use. They must defend against that the defendant having Possession of a controlled substance that was either actual or constructive.

Actual possession requires that a person exercise direct physical control over the drugs. Constructive possession, on the other hand, requires that a person exercise control, or the right to control a thing, directly or through another person. More than one person can have either actual or constructive possession of a controlled substance. Thus a defendant must be prepared for a twofold defense to the charges of domestic violence and drug charges.

A Domestic violence lawyer must defend against accusations against a showing dominion and control of the drug. The controlled substance is generally on the person, in their pockets, in their hands, clothing or somewhere within their reach at the time of arrest. In constructive possession cases, however, the element of possession is a fertile ground for litigation. Often the controlled substance is found within a car, a residence, or public place within the apparent control of many people.

At the Orange County Law Office of David P Schwarz we will defend against prosecution of domestic violence and drug possession. The burden of proof is on the prosecution to establish the necessary elements of the offense beyond a reasonable doubt.

It is up to the District Attorney to prove the facts from which requisite inferences can be drawn. Presuppositions cannot be implied from the silence of the record. Such silence gives rise to nothing more than “sheer speculation” and thus cannot substantiate incriminating postulations. Thus it is important a criminal defense lawyer prepares his client for the treacherous road ahead as the state of California prepares its case against you. If we can hold the State to making only inferences without any real ties to the actual facts the defense has won the case.

A domestic violence lawyer will go through a myriad of accusations from the prosecution in which there will be an inference of guilt attempted to be pinned on their client. Hear are a sample of these assertions although often they are falsely asserted. Such as the defendants ownership of the vehicle in which drugs were found; exclusive possession of the car at all relevant times; location of the drugs in the defendant's personal belongings; and presence of narcotics residue on or about the person of the defendant. Being under the influence or evidence of having used a controlled substance, standing alone, is insufficient to prove possession.

At the Orange county Law Office of David P Schwarz we have handled numerous domestic violence and drug related offenses and achieved stellar results. Please contact our office at 040 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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