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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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POSSESSION OF A CONTROLLED SUBSTANCE

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.

 

                     
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