Earlier this month, we reported that Jason Davis, alumni of “Celebrity Rehab with Dr. Drew” and grandson to the oil mogul and philanthropist Marvin Davis, was arrested for drug possession in Newport Beach, California.
The Orange County D.A.'s office has now officially charged Davis with felony heroin possession, being under the influence of a drug and possession of drug paraphernalia.
The felony drug possession charge carries up to three years of California state prison time. The remaining charges of being “under the influence” and possessing drug paraphernalia are both misdemeanors. The “under the influence” charge carries up to one year in a county jail. The paraphernalia charge subjects Davis to a possible additional six months in jail.
Perhaps the easiest of these charges to prove is the under the influence charge. This is because even though drug possession seems pretty straight forward, it isn't. There are a number of defenses that a skilled California drug crimes defense attorney could present that refute the fact that the seized drugs were actually “possessed” by Davis. The same goes for the paraphernalia charge.
However, all that the D.A. needs to prove in order to convict Davis of being the under the influence is that he was under the influence of a drug in some detectable manner…a definition that isn't difficult to establish.
This is why it is critical for anyone facing California drug charges to consult with a local attorney who is experienced in this very specific area of the law. Only he/she will know the most effective legal defenses to present…as well as the most persuasive manner in which to present them.