Penalty and Punishment for Possession of a Controlled Substance - Health and Safety Code Section 11350
Unless you have a written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in California, if you possess any of the drugs or derivatives listed in Health and Safety Code Section 11350(a), you can be sentenced to up to three years in state prison. However, even though the court has the legal power to sentence to you to a state prison sentence that does not mean that you will be sentenced to state prison. The court also has the power to place you on probation. If you are placed on probation the court may impose from one day to one year in the county jail as a condition of probation.
If you are placed on California felony probation for this offense, this means you likely will have a probation officer. You will have to report to the probation officer on a regular basis. You also may be ordered to "test" regularly so the probation officer can be certain you are not using illegal drugs. In addition, you likely have to give up your "search and seizure rights" during the period of your probation. This means that any member of law enforcement who knows you are on felony probation can search your person or property or home without the need for a search warrant.
In addition, if you are placed on felony probation this means that if your probation officer believes you have violated any of the terms of your probation he can arrest you without a warrant. In most cases if this happens you will sit in jail without bail until the judge decides whether you in fact did violate your probation. If the judge finds you did violate your probation, you can then be sent to state prison.
In addition to the above punishments, Health and Safety Code Section 11350(d) allows the judge to grant probation; however, the judge can still impose the following conditions of probation:
- For a first offense under Section 11350, a fine of at least one thousand dollars ($1,000) or community service.
- For a second or subsequent offense under Section 11350, a fine of at least two thousand dollars ($2,000) or community service.
- If a defendant does not have the ability to pay the minimum fines specified in (1) and (2), community service shall be ordered in lieu of the fine.
For all of the above reasons, it is critical that you retain an experienced drug crimes defense attorney to represent you when you are first accused of this or any drug offense. The experienced attorneys at Wallin & Klarich can provide you with the best possible defense in your drug case. Call us now for free information so we can begin to help you.
