Practice Areas

• Accessory After the Fact
• Arson
• Assault & Battery
• Battery on a Peace Officer
• Assault with a Firearm
• Battery
• Assault with a Deadly Weapon
• Bail Review & Reduction
• Carrying a Concealed Weapon
• Child Endangerment
• Conspiracy
• Criminal Threats
• Domestic Violence
• Driving with A Suspended License
• Drug Possession
• Marijuana Possession for Sales
• Drug Possession for Personal Use
• Drug Possession for Sale
• DUI Defense
• I've been arrested for DUI. What happens to my Driver's License?
• DUI Under 21
• The 'Rising Blood Alcohol' Defense
• Attacking the Breath Test
• The "No Driving" Defense
• I've been arrested & cited for DUI? What happens next?
• Attacking the Blood Test
• Elder Abuse
• Embezzlement
• Expungements
• Hit and Run
• Housing Violations
• Juvenile Defense
• License Defense
• Nursing License Defense
• Murder
• Police Misconduct Litigation
• Pre-Filing Investigations
• Professional & Vocational License Defense
• Prostitution
• Public Intoxication
• Sex Crimes
• Indecent Exposure
• Solicitation of Prostitution
• Rape
• Theft Charges
• Robbery
• Purse Snatching
• Burglary
• Petty Theft
• Embezzlement
• Identity Theft
• Three Strikes Law
• Vacating Convictions
• Deportable Offenses: Vacating Your Guilty Plea to Avoid Deportation
• Vandalism
• Vehicular Manslaughter
• Warrant Recall
• Weapons Charges
• Witness Intimidation

Drug Possession for Personal Use

What does the prosecutor have to show in order to prove that I am guilty of possession?

The prosecutor must show that:

1) you unlawfully possessed drugs;
2) you knew of their presence;
3) you knew that what you possessed was a drug or drugs;
4) and you possessed the drug in a usable amount.

Our criminal defense lawyers have a combined experience of more than half a century defending persons accused of drug possession for personal use. Our founding partners, Bruce McGregor and Robert Ernenwein, are former Los Angeles Deputy District Attorneys. Robert Ernenwein, one of our Co-founders, is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. Lorgio Coimbra obtained an acquittal at trial for a wrongfully-accused client against drug possession charges. Robert Ernenwein and Bruce McGregor have both been named "Super Lawyers" by Los Angeles Magazine. Robert Ernenwein has appeared as a legal analyst on multiple cable news programs, including Fox News. The experience and capabilities of the lawyers at McGregor & Ernenwein are unmatched.

Our extensive experience and knowledge give us the tools we need to successfully challenge drug possession charges.

What if I was arrested for possession but the police found no drugs on me?

The dangerous thing about possession is that you don’t even have to be found with drugs on your person at the time of arrest. It is sufficient that the drugs be found in your home, car, etc. You can be charged with “constructive possession,” which typically occurs where you are driving and one of the occupants is carrying drugs, either on himself or in a compartment of the vehicle, i.e., glove box. Even though you were not personally carrying the contraband or did not place it in your vehicle, the law presumes that you had control of the drug so long as you had knowledge and the ability to gain access to it.

What can your lawyers do to have these charges reduced or dismissed?

Depending on the facts and circumstances of your case, our Los Angeles criminal defense lawyers may be able to argue that the amount of drugs you are alleged to have possessed was not a “usable amount.” To be convicted of this crime, you must possess more than useless traces or debris of the substance.

If the substance was found in your place of residence but you did not control over it or have the right to control it, we may successfully argue that you did not technically “possess” it. Even if you knew of it’s presence, you cannot be convicted if you did not possess it either personally or through another person.

If you are charged with unlawfully possessing prescription narcotics, we may able to have charges dismissed upon proof of a valid prescription.

We may also be able to obtain a dismissal of your case through a pre-trial motion arguing that the search or seizure that led to your arrest and charge for possession was unconstitutional. If the police did not have a search warrant to enter your home or to search your car, and did not have a valid “exception” to the requirement that they must search you after obtaining a warrant, we may be able to have the evidence against you suppressed. If the evidence is suppressed, the prosecutor may not have enough evidence to go forward with a trial and your case may be dismissed. This is what is known as a "dispositive" motion.

If you possessed the drugs only for a momentary or transitory period, to abandon, dispose or destroy the drugs, and you did not intend to prevent police from getting hold of the drugs, we can have your charges dismissed altogether.

If you have been charged with possession, our criminal defense lawyers can negotiate an arrangement with the district attorney’s office for you to attend a diversion program. Under the “Deferred Entry of Judgment” program under Penal Code 1000, you would agree to enter a guilty plea to the charge of possession. However, upon successful completion of the terms and conditions of PC 1000, the court will dismiss the charges and your guilty plea will be withdrawn, resulting in no conviction on your record.

There is a host of issues our Los Angeles Criminal Defense Lawyers can evaluate based on our analysis of the police reports, witness statements and other evidence on file. There may be issues of illegal search and seizure and/or other constitutional violations which may help us successfully motion the court to suppress the evidence seized against you. Many of these motions are “dispositive,” meaning that their outcome may determine whether the case against you even goes forward. Depending on the facts of your case, we, may be able to construct powerful defenses on your behalf, ultimately leading to pretrial dismissal of your charges or acquittal at trial.

Our criminal defense lawyers represent clients throughout Southern California, including Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, City of Industry, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, East Los Angeles, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Huntington Park, Inglewood, Inland Empire, Irwindale, La Canada Flintridge, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Playa Del Rey, Pomona, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Seal Beach, Santa Clarita, Santa Fe Springs, Santa Monica, Seal Beach, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Watts, Walnut, West Covina, West Hollywood, Westlake Village, and Whittier.

Call us immediately at 310-782-0552 for your free consultation.

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