The Primary Defenses Against Drug Possession And Distribution Charges In California – Health And Safety Codes 11350, 11351, 11352, 11357, 11379
The legal consequences of drug-related crimes in California can vary significantly depending on the nature of the offense and the specific state statutes involved, particularly in relation to Health and Safety Codes. Understanding these laws is crucial, not only for compliance but also for protecting your rights and future. This blog aims to provide clear insights into the legal ramifications of drug offenses, inform readers of possible defenses, and emphasize the importance of seeking professional legal guidance to effectively manage these serious allegations.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
Understanding Drug Charges in California
What Constitutes Drug Possession?
Drug possession means having control over an illegal substance. In California, this could include narcotics, controlled substances, and even prescription drugs if obtained unlawfully. It’s crucial to differentiate between “simple possession” for personal use and “possession with intent to distribute,” which carries harsher penalties.
The Severity of Distribution Charges
Distribution charges involve the sale, transport, or distribution of illegal drugs. These charges are more severe because the law views them as contributing to a larger drug trade problem. Penalties can range from significant fines to lengthy prison sentences, making it imperative to take these charges seriously.
Legal Consequences for Drug Possession and Distribution
The legal consequences for drug possession and distribution in California can vary significantly depending on several factors, including the type and amount of substance involved, the defendant’s criminal history, and the specifics of the case. Here are some potential outcomes:
Possession Charges
Possession of controlled substances under Health and Safety Code 11350 is typically charged as a misdemeanor, which can result in penalties including up to one year in county jail and/or a fine of up to $1,000. However, some offenders may qualify for diversion programs allowing for rehabilitation instead of incarceration.
Possession for Sale
Charges under Health and Safety Code 11351 for possession with intent to sell are more severe, potentially resulting in felony charges. Conviction could lead to imprisonment for 2-4 years and substantial fines, significantly affecting one’s future opportunities.
Sale and Distribution
Under Health and Safety Code 11352, engaging in the sale or distribution of controlled substances is considered a felony. Penalties can range from 3 to 9 years in state prison, depending on the type of drug and specific circumstances surrounding the case.
Possession of Marijuana
For marijuana possession, penalties may vary. While possession under Health and Safety Code 11357 has become largely decriminalized for small amounts, larger quantities or possession in specific circumstances can still result in fines or jail time.
Transport of Controlled Substances
Transporting controlled substances, as defined by Health and Safety Code 11379, can also result in felony charges. Depending on the quantity and type of drug transported, the offender could face up to 3 years in prison, with the possibility of increased sentences for larger amounts or repeat offenses.
Understanding these legal consequences is vital for navigating drug-related charges. It is strongly advised to consult with a qualified criminal defense attorney who can provide not only insight into potential outcomes but also guidance in preparing a compelling defense.
Compelling Defense Strategies for Drug Possession and Distribution Charges
When facing drug possession and distribution charges, it’s essential to establish a strong defense strategy tailored to your specific case. Here are some key defense strategies to consider:
Challenging the Search and Seizure
One effective defense is to challenge the legality of the search and seizure that led to the discovery of the drugs. If law enforcement did not have a warrant, probable cause, or reasonable suspicion, evidence obtained during the search may be deemed inadmissible in court.
Questioning the Evidence
Another strategy involves scrutinizing the evidence presented by the prosecution. This can include arguing that the substance in question was improperly identified or that the quantity was misrepresented. The reliability of witness testimony can also be challenged, especially if there are inconsistencies or motives to lie.
Proving Lack of Knowledge or Intent
Accused individuals and their criminal defense attorney can argue that they were unaware of the presence of the drugs or did not intend to sell or distribute them. This defense can be particularly effective in cases where the drugs were found in a shared space or where the defendant had minimal control over the area.
Mitigating Factors
In some cases, highlighting mitigating factors can sway the outcome in your favor. This may include demonstrating that the drugs were for personal use or that the defendant has a history of addiction that warrants rehabilitation instead of incarceration.
By adopting these strategies, accused individuals and their criminal defense attorney can effectively navigate the complexities of drug charges and work towards the best possible outcome in their case. It’s crucial to work closely with an experienced criminal defense attorney who can tailor these strategies to your individual circumstances.
What is PC 1000?
California’s Penal Code Section 1000, commonly referred to as “PC 1000,” is a pretrial diversion program for non-violent drug offenses. This program allows first-time offenders to avoid a criminal conviction by completing a drug education and rehabilitation program.
Eligibility Criteria
To qualify for PC 1000, the accused individual must meet certain eligibility criteria:
- The offense must be a non-violent drug offense.
- The accused individual must have no prior convictions for controlled substances.
- There must be no evidence of a more serious drug-related offense.
How a Criminal Defense Attorney Can File a PC 1000 Motion
Filing a PC 1000 motion involves several steps, and it is crucial to have a skilled criminal defense attorney guide you through the process. The criminal defense attorney will first evaluate the specifics of your case to determine if you meet the eligibility criteria for the PC 1000 program. Once eligibility is confirmed, the criminal defense attorney will draft a motion requesting the court to consider you for the PC 1000 diversion program. This motion will outline the case facts, your eligibility, and the benefits of diversion. If the motion is granted, you will be required to complete the drug education and rehabilitation program as mandated by the court. Successful completion will lead to the dismissal of charges. For non-citizens, successfully navigating this process with the help of a skilled criminal defense attorney can mitigate significant immigration risks.
How a Criminal Defense Attorney Can Assist
A criminal defense attorney plays a crucial role in navigating the complexities of drug-related charges, providing essential guidance and support throughout the legal process. With their expertise, these criminal defense attorneys can evaluate the details of your case, identify potential defenses, and develop a tailored strategy aimed at achieving the best possible outcome. They can assist in gathering evidence, negotiating plea deals, and representing you in court, ensuring that your rights are protected at every stage. By working closely with a qualified criminal defense attorney, individuals facing drug possession or distribution charges can gain a clearer understanding of their legal options and increase their chances of a favorable resolution.
Contact Wallin & Klarich Today
If you are facing a drug possession and/or a drug distribution charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.
