The Health and Safety Code Section 11350(a) states that it is unlawful for any person to either possess:
When being charged for California HSC 11350, possession of a controlled substance, the prosecutor, who has the burden of proof in any case, will need to prove that you “possessed” the controlled substance by any of three ways:
Some important factors to consider are that the prosecutor must demonstrate, beyond a reasonable doubt, certain key points:
If any of these key factors are compromised, then the charges may either be dismissed or the attorney can negotiate a disposition with the prosecutor and judge that would entail a dismissal.
A person convicted under California HSC 11350, possession of a controlled substance may face the following consequences if charged as a Misdemeanor:
If charged as a felony, you may face:
You may face felony penalties if you have specific serious convictions on your record, such as:
One way to mitigate the penalties for this charge is to apply for an alternative sentencing program, AKA Drug Diversion.
The following are some examples of Legal Defenses to California HSC 11350, possession of a controlled substance (but not limited to):
Ever since the establishment of “The Controlled Substance Act” in 1970, California HSC 11350, possession of a controlled substance was considered a felony at the maximum penalty for ALL defendants. However, on November 4th2014, Proposition 47 (officially titled as Criminal Sentences.
Initiative Statute) would appear on the statewide ballot, aiming to “amend the state Penal Code to reclassify certain drug and property crimes as misdemeanors and allow people previously convicted of these crimes to be re-sentenced.”
Additionally, Proposition 47 would invest state criminal justice savings resulting from these sentencing changes in drug and mental health treatment, as well as in victim services and programs designed to improve outcomes for K-12 public school students.
Prior to November 2014, crimes in California were classified into three types – felonies, misdemeanors, and infractions – according to the seriousness of the offense with corresponding penalties. But as the referendum was passed by voters by a majority vote of 59.61%-40.39% taking into effect beginning November 5th, 2014, the state Penal Code would thus be amended to reclassify and reduce categories of nonviolent drug crimes from felonies to misdemeanors unless the individual has a prior conviction for a serious and/or violent offense, as specified by the measure, or for any registerable sex offense.
This new and approved Initiative not only reduces the classification of drug possession crimes but also mandatesmisdemeanor charges instead of felonies given that the defendant has no prior convictions for murder, rape, sex offenses or gun crimes.
For convicts currently serving a prison sentence for any of the California HSC 11350, possession of controlled substance offenses that the Proposition reduced to misdemeanors, the Proposition now permits a fair re-sentencing for the once convicted in order to reduce their convictions to misdemeanors. The choice of both the drug and the dosage plays an important role in the treatment of erectile dysfunction. The attending physician determines the optimal dose taking into account the age of the patient, severity of impotence, general condition and other factors. Don’t think that the higher the dose, the better the effect. On the other hand, too little dose can be insufficient for a full erection. This would consequently lead to a less crowded and depopulated prison population, conserving more state funds from the decrease in inmates, and more opportunities for parole officers and rehabilitation programs.
The goal of Proposition 47 intends to create a “Safe Neighborhoods and School Funds,” accumulating appropriations based on savings accrued by the State. These funds would then be distributed as follows: 25 percent to the Department of Education, 10 percent to the Victim Compensation and Government Claims Board, and 65 percent to the Board of State and Community Correction. In other words, the State aims to promote and prioritize education before incarceration.
If you or a loved one is being charged with California HSC 11350, possession of a controlled substance, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. Our experienced and assiduous Criminal Defense Attorneys will be sure to fight until the end to reduce or drop your charges completely.
Call LAW MART for a FREE Case Review: 310-894-6440
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