11350 (a) HS | Possession of a Controlled Substance in California
What is possession of a controlled substance?
California Health and Safety Code section 11350 makes it illegal to possess a controlled substance without a valid prescription. Under the United States Controlled Substances Act, a controlled substance can constitute both illegal and legal prescription drugs. In order to sentence you for possession of a controlled substance under California 11350 H&S, the prosecution must prove the following:
- You unlawfully possessed a controlled substance AND
- You knew of its presence AND
- You knew of the substance’s nature or character as a controlled substance AND
- The controlled substance was in a usable amount
There are a number of defenses that a California drug possession defense lawyer at Wallin & Klarich can raise on your behalf. These include:
- Lack of control or possession
- Momentary possession
- Lack of knowledge
- Valid prescription
- Failure to follow police procedures
Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a criminal defense attorney at Wallin & Klarich to learn more.
According to HS 11350, possession of a controlled substance is charged as a felony punishable by 16 months, 2 or 3 years in county jail. You can also be placed on probation or parole that will likely subject you to random drug testing and searches by the police. Unlike most other drug crimes, this crime cannot be expunged because it is a felony. However, a knowledgeable attorney will be able to help you apply for a Certificate of Rehabilitation.
To help you understand the various aspects of a possession of a controlled substance charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions like:
Can I be charged with possession of a controlled substance even if I didn’t intend to use or sell the drugs?
If the drugs were found in my car and not on my person, can I still be convicted of 11350 (a) HS?
If I am convicted of possession of a controlled substance do I have to serve jail time?
Where can I find the most experienced 11350 (a) H&S defense attorneys in California?
If you are confronted with accusations of possession of a controlled substance, it is essential that you contact an experienced California defense lawyer who is familiar with such cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, the cocaine possession attorneys at Wallin & Klarich has successfully represented clients facing possession of a controlled substance charges for over 30 years. We have the knowledge and the know-how to win your case.
Call us today at 1 (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.