How Can I Avoid A Jail Sentence For Possession Of Controlled Substance? HS 11350
A routine traffic stop can lead to criminal charges if law enforcement finds a controlled substance in your vehicle. A controlled substance can be, for example: heroin, cocaine, or prescription drugs without a valid prescription.
Possession of Controlled Substance in California
In California, possession of controlled substance is codified under Health and Safety Code Section 11350, which states that it is illegal for any person to possess a controlled substance without a valid prescription.
In order for the prosecutor to convict a person of possession of a controlled substance, the prosecutor must prove that:
• You possessed the controlled substance
• You knew of the presence of the controlled substance
• You knew of the substance’s nature or character as a controlled substance; and
• The controlled substance was in a usable amount
Possession of Controlled Substance Defenses
There are a number of possible scenarios in which you can avoid a possession of controlled substance conviction. The best way to avoid jail time is to get the charges dismissed. You need an aggressive and skilled defense attorney to best determine how to get your charges dismissed. The attorneys at Wallin & Klarich have been defending people charged with possession of a controlled substance for over 40 years, and have succeeded in getting their charges dismissed.
If your charges are not dismissed, you may also have the option of entering into a drug diversion program. In California, under Penal Code Section 1000, a defendant accused of possession of a controlled substance may be eligible for a drug diversion program. Under P.C. 1000, you must be a first-time offender charged with a nonviolent offense. In addition, you must not have any offenses involving controlled substances on your record, any revocation of probation or parole, and any felony convictions within the five years prior to your charged offense.
Proposition 36 is a California law that allows judges to order you to attend a drug treatment program rather than face jail time if you are convicted of certain drug-related crimes. Prop 36 is generally available to first-time offenders of any non-violent, simple drug possession or drug use crime.
To be eligible for Prop 36, you must not have any serious or violent felony convictions on your record. However, you may still be eligible for Prop 36, even with a violent felony conviction, if you have been out of prison for at least five years with no felony convictions, other than a nonviolent drug possession offense, or misdemeanor convictions involving violence within that time. Also, you will not be Prop 36 eligible if you are charged with possession for sale of a controlled substance or convicted of a non-drug related offense in the same proceeding.
California Drug Possession Attorney
If you or a loved one has been arrested for possession of a controlled substance, it is imperative that you contact our firm. Hiring an experienced California drug possession attorney is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been successfully defending people charged with drug possession for over 40 years. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura and Victorville.
Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-4-NO-JAIL or 877-466-5245. We will be there when you call.
