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Felony Possession of a Controlled Substance, with a Prior Strike, Dismissed

May 09 2015, by Jessica McElfresh in Case Results, Criminal Convictions, Drug Crimes, Felony

San Diego criminal defense was recently contacted by a man in his 60s arrested and charged with a felony possession of a controlled substance. The client had previously served time for a felony strike drug conviction in his 30s and faced mandatory prison sentencing if convicted on this charge. After making changes to his life and working in the construction industry, the client had injuries that required medically prescribed pain medication as part of his treatment plan. Officers were called to the client’s home on suspicion of marijuana cultivation but found none. While searching his home the officers discovered prescription pills in an unmarked pill container that were not labeled with our client’s name.

Our client explained to the officers he takes one bottle to work rather than all of his prescription bottles with him, but the officers made the decision to arrest him for Felony Possession of a Controlled Substance. Jessica McElfresh recognized how serious the potential for incarceration would be if her client was convicted of this charge and defended her client immediately after he contacted. Ms. McElfresh represented her client in four court appearances and personally travelled to her client’s Dr. Office to obtain the medical records verifying her client’s prescriptions for each pill found in the unmarked pill container. Due to the hard work on behalf of her client Jessica McElfresh successfully negotiated the dismissal of this charge against her client.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.