Bakersfield Drug Possession Lawyer
Facing Drug Possession Charges in Kern County?
A drug possession charge can flip your life upside down, but it doesn’t have to define your future. Whether it’s a small amount of marijuana or more serious allegations involving meth, heroin, cocaine, or prescription drugs like Oxycodone or Xanax, these charges don’t just threaten your freedom—they can impact your career, relationships, and reputation.
At Humphrey & Thompson, we don’t just see a case; we see a person with a story worth defending. Our team knows the ins and outs of Bakersfield’s courts and uses that knowledge to challenge weak evidence, expose procedural errors, and fight aggressively for your rights. With years of experience and a tailored approach for every client, we can help you take control of what feels like an uncontrollable situation.
Don’t wait—your future is worth protecting. Call Humphrey & Thompson today at for a consultation with a seasoned Bakersfield drug possession attorney.
Understanding Drug Possession Laws in California
Under California Health and Safety Code §11350, drug possession refers to having unlawful control over a controlled substance. You can be charged with possession even if the drugs are not physically on you — simply having access or the ability to control them can be enough.
There are three main forms of possession recognized by California law:
- Actual Possession – The drugs are found directly on your person, such as in your pocket, purse, or hand.
- Constructive Possession – The drugs are in a place you control, like your car, locker, or apartment, even if they aren’t on you physically.
- Joint Possession – More than one person has access or control over the drugs.
Common controlled substances that can lead to possession charges include cocaine, heroin, methamphetamine, fentanyl, prescription opioids (like OxyContin or Vicodin) without a valid prescription, and certain hallucinogens such as LSD or ecstasy.
Common Ways to Possess Controlled Substances
There are many ways people find themselves accused of possessing illegal drugs, often due to misunderstanding, false accusation, or unlawful police conduct. Common scenarios include:
- Possession for Personal Use: Found with a small amount of drugs meant for personal consumption.
- Possession of Prescription Drugs Without a Valid Prescription: Having someone else’s prescribed medication or expired prescriptions.
- Possession of Drug Paraphernalia: Items like syringes, pipes, or scales that suggest drug use or distribution.
- Drugs Found in a Shared Space: For example, drugs found in a car or apartment shared by multiple people.
- Unlawful Searches or Vehicle Stops: Drugs discovered during traffic stops or home searches that may have violated your Fourth Amendment rights.
Even if the drugs weren’t yours, simply being in proximity to controlled substances can result in a possession charge.
Drug Classifications Under State & Federal Law
California’s drug laws align with the federal Controlled Substances Act and categorize substances into five schedules. These schedules determine the potential penalties for possession based on the drug type’s accepted medical use and abuse risk.
The schedules break down like this:
- Schedule I Drugs (e.g., heroin, LSD, MDMA): These are classified as having no accepted medical use and carry the highest penalties for possession.
- Schedule II Drugs (e.g., methamphetamine, cocaine): While these have approved medical applications, their misuse is treated seriously, often resulting in heavy penalties.
- Schedules III–V include prescription medications, such as steroids or painkillers, where penalties can differ depending on the specific circumstances.
Penalties for Drug Possession in California
Drug possession penalties depend on several factors — the type and quantity of the substance, your criminal history, and whether the drugs were for personal use or sale.
- Simple Possession (Personal Use): A misdemeanor offense under most circumstances, punishble by up to 1 year in county jail and/or up to a $1,000 fine.
- Possession for Sale: Charged under California Health and Safety Code §11351. This can be a felony offense, which carries two to four years in state prison and fines up to $20,000.
- Possession of Methamphetamine or Other Specific Drugs: Possession of methamphetamine (HSC §11377) can be charged as a misdemeanor or felony (“wobbler”). A misdemeanor offense is punishable by up to 1 year in county jail, while a felony can result in up to 3 years in state prison.
In addition to criminal penalties, a conviction can have lasting consequences — including loss of employment, driver’s license suspension, difficulty obtaining housing, and a permanent criminal record visible on background checks.
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Recognized by The State of California As Board Certified Criminal Defense Experts
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- Felicia E.
He values his clients and understands their individual needs. He will work hard to guarantee that justice is served for everyone involved. He is honest and supportive throughout the entire process. We will never forget what Kyle has done for us.
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- Aracele S.
I’d like to express my sincere gratitude to Kyle Humphrey at Humphrey & Thompson for his help with an unexpected case. He was highly thorough and made sure I understood every part of the process, which was especially important as this was my first and only legal matter. Many thanks to you and your team!
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- Aimee G.
The process was easy and they made it so that I didn't have to appear in court. I highly recommended them!
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- Rob B.
He was straight forward, informative, and very easy to work with from inception to completion. I strongly suggest reaching out to Mr Thompson should you need the services offered by his office!
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- Cesar M.
They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning our defense strategy. The paralegal staff was also courteous and prompt in their responses, which made the whole stressful process much more bearable. I am profoundly grateful for their services. the Martinez Lugo family we loved them we really recommended thanks so much :)
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Needed a lawyer for our juvenile son for a felony assault case. Public defender was not very helpful and told us that at best our son would be on a very intensive probation for years if not sentenced to a camp. Rob Singh took our case and basically got everything resolved outside of court with the prosecutor within 2 weeks. Alleviated a lot of stress and anxiety by getting our son on a very minimal probation for 6 months and then records completely sealed. Highly recommended and would definitely hire this firm again.- Erik S.
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- Former Client
Jared and his staff, not exaggerating were on top of it all. If I called to talk to the girls in the front they handled everything right away, Jared reputation for being THE BEST matched him perfect. We had issues with the anger management classes and the staff really cared and helped us. Jared helped my son who was facing some serious charges but he genuinely cared about the whole truth and we got blessed tremendously! we are forever grateful and truly couldnt have imagined the outcome had we NOT hired him! Loved them thank you so much sincerely!
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- Jason G.
Mr Humphrey and his staff we nothing short of amazing to me and my family.
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Jury Trial Acquittals
Molestation and Sexual Abuse of Minors
Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors
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Case Dismissal
Sexual Abuse
Allegation of Continuous Sexual Abuse Dismissed Before Trial. -
Case Dismissal
Felony Sex Case
Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely. -
Case Dismissal
Rape
Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial. -
Case Dismissal
Sexual Battery
Local business owner charged with sexual battery, dismissed. -
Avoid Sex Offender Registration
Sex Offense
Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register
Why Choose Humphrey & Thompson for Drug Possession Defense in Kern County?
With over 30 years of dedicated criminal defense experience, Humphrey & Thompson has successfully handled innumerable challenging drug possession cases. Our attorneys played pivotal roles during the “War on Drugs” era, gaining decades of practical knowledge that still informs our defense tactics today. Having managed over tens of thousands of cases with a success rate exceeding 90%, we are equipped to provide the defense strategies needed to contest serious accusations.
Strategies we employ include, but are not limited to:
- Scrutinizing the evidence presented by the prosecution.
- Investigating law enforcement procedures for rights violations.
- Proactively defending clients’ constitutional protections.
If you’re facing drug possession charges, it’s time to defend your rights effectively. Call or contact us online to schedule a consultation with a Bakersfield drug possession lawyer.
