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“Ben just worked with us on a case, and I have to say it was the best experience with any lawyer that I have ever had. He was caring, professional, and most of all I felt like I was working with a friend. He is smart, and so knowledgable about our case from every angle. I would recommend Ben Mironer to anyone I know looking for an host and hard working lawyer.”

 


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CAL HS 11366

CAL HS 11366.5 A

Cultivation of Marijuana

DUI Drugs (DUID)

Marijuana Distribution

Marijuana DUI

Mitigating Factors in Drug Cases

Possession of a Controlled Substance

Possession of Marijuana

Possession With Intent to Sell

Present Where Drugs Are Used

Proposition 47

Under the Influence of Drugs

 

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LOS ANGELES DRUG POSSESSION ATTORNEY

Health and Safety Code 11350

Under the Health and Safety Code 11350, it is illegal to be in possession of a controlled substance. A controlled substance may be either an illicit drug, or a prescription drug that was not prescribed to you. There are three (3) ways you can possess a controlled substance:

  1. Actual possession of the substance – when the officer’s find the substance on your person,
  2. Constructive Possession – when the substance is found in an area you control,
  3. Joint Possession – when you and someone else have actual or constructive possession of a controlled substance.

Health and Safety Code 11350, is a wobbler, which means it can be a misdemeanor, or a felony depending on the controlled substance. Most of the time, it is charged as a felony and the defendant faces either a year in county jail with probation, or State Prison for 16 months, 2 years, or 3 years.

On a good note, there are many defenses in a possession of a controlled substance case. A prosecutor must prove every element beyond a reasonable doubt. A good defense attorney knows how to challenge a prosecutor’s case, and knows how to protect your constitutional rights. Sometimes, searches are done illegally, and arrests are made improperly. We are able to investigate all of the facets of the case and discuss all of the possible defenses with the client.

Furthermore, people eligible for a diversion program get a Differed Entry of Judgment (DEJ). This means that you enter a guilty/no contest plea to the charges, and once you complete the Diversion program, your case is dismissed in court. The Penal Code Section 1000 Diversion program requires an 18 month period before the case gets dismissed.

Need quick, free and confidential advice about Drug charges? Email an attorney a question at info@mironerlaw.com with the subject line: Drug Possession Question

 

Possession with Intent to Sell - Health and Safety Code 11351

Under the Health and Safety Code 11351, it is illegal to possess a controlled substance with the intent to sell. A controlled substance may be either an illicit drug, or a prescription drug. The way prosecutors differentiate between simple possession of a controlled substance, verses possession with the intent to sell, is based on various factors that they look for. Some of these red flags are; when the drug is pre-packaged in several bags or containers, when there is a large quantity of a drug, when there is a lot of cash or other evidence that may suggest the intent to sell.

This leaves the prosecutor with a lot of discretion in deciding whether or not to file serious charges for possession with intent to sell, as opposed to a less serious charge of possession of a controlled substance. Possession with intent to sell is a straight felony, which means it can not be charged as a misdemeanor, nor can a conviction under this code ever be reduced. The punishment for this offense is either probation with up to a year of county jail, or State Prison for 2, 3, or 4 years. There are also various enhancing factors that may exist, depending on the controlled substance and the quantity of it.

There are three (3) ways you can possess a controlled substance with intent to sell,

  1. Actual possession of the substance – when the officer’s find the substance on your person,
  2. Constructive Possession – when the substance is found in an area you control,
  3. Joint Possession – when you and someone else have actual or constructive possession of a controlled substance.

If you or a loved one has been arrested, or is being investigated for this offense, it is important to contact our office right away. We can take proactive steps to contact the prosecutor before charges are filed. It is imperative to act quickly in efforts of getting the prosecutor to file the case as a simple possession charge, not possession of intent to sell. Also, there are many defenses in fighting this type of case. A knowledgeable attorney will explain all of your possible defenses, and can truly impact the outcome of your case and your future.

 

California Health and Safety Code Section 11357

Under the Health and Safety Code 11359, this section makes it illegal to possess marijuana, if you do not have a recommendation card or permission to possess marijuana for medicinal purposes. Unless authorized by law, possession of concentrated cannabis is illegal and may be punished by jail or even prison.

Someone who is cited for possession of marijuana (less than 28.5 grams), may be convicted of an infraction. Even though this used to be a misdemeanor, it is now only an infraction. However, someone who possesses more than 28.5 grams faces a misdemeanor.

Need quick, free advice about Drug charges? Email an attorney a question at info@mironerlaw.com with the subject line: Drug Charges Question

Again, the main distinction that a prosecutor needs to make, before charges are filed, is to decide whether the marijuana was intended for personal use, or was it intended for sales (violation of Health and Safety Code Section 11359). The Law Office of Ben Mironer has been successful in these types of cases by intervening, even before charges are filed. We try to contact the prosecutor to provide them with the background information they need, so they can understand why the evidence doesn't suggest the marijuana was intended to be sold.

Someone who is charged with the offense of possession with intent to sell (Health and Safety Code Section 11359) faces a straight felony, which means it can not ever get reduced to a misdemeanor. Also, they face 16, 24, or 36 months in state prison. However, a violation of Health and Safety Code Section 11357 is a misdemeanor, and carries a maximum of 6 month in county jail. Furthermore, the person may be eligible for DEJ (pursuant to Penal Code Section 1000). This potentially leads to the charges being completely dismissed.

The Law Office of Ben Mironer provides local criminal defense representation to residents of Los Angeles county. Our office has the experience and expertise you need to fight criminal charges, and we are always prepared to defend you. We offer our clients the gold standard in criminal defense, in that we take care of our clients with compassion and professionalism, while leaving no stone unturned in securing the best results possible for them.

When you are arrested and charged with a criminal offense in Los Angeles, it is critical to find a local attorney to defend you. Our office works closely with our clients, and we are always available to discuss their cases. We welcome client office visits, and in-depth phone conversations in regard to all areas of a client’s case. We get to know each and every client on a personal level, so that we may properly advise them in their case. It is crucial to have an attorney that knows your entire story and custom-tailors your defense to your needs. By taking the time to get to know our clients, we are better able to negotiate with prosecutors, and better able to advise our clients. Communication and responsiveness is a trademark of The Law Office of Ben Mironer.

We always have a trained marijuana possession defense attorney available to speak with you about your case. If you’ve been arrested, charged, or are just being investigated for a criminal offense, it is important to contact a skilled attorney as soon as possible. Early steps and proactive measures can be taken in most cases. An attorney at our office will help improve your prospective on things immediately. We will enlighten you about the charges you’re facing, and explain the entire criminal process. We offer a free consultation and everything we discuss is completely confidential. This consultation will provide you with a full assessment of your case, and you will understand the importance of having good legal representation.

Our office has built a reputation Los Angeles county courts because we truly fight for our clients. Our track record of success speaks for itself. Our office has successfully represented our clients in courthouses throughout Los Angeles county We have special insights to the Van Nuys courthouse, San Fernando courthouse, and Santa Clarita courthouse because we are local attorneys. We have built relationships with both prosecutors and judges based on a mutual respect. Most importantly, we utilize every resource we have to get our clients the best outcome possible.

 

                     
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