California Health and Safety Code 11370.1 HS
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California Health and Safety Code 11370.1 HS
Most folks are already aware of the United States Controlled Substances Act, but there is a connected crime that also makes you accountable if you arm yourself while in possession of a few select drugs among the Controlled Substances Act:
– Cocaine
– Meth
– PCP
– Heroin
– An analog of any of the aforementioned drugs
If you’re found to be armed while possessing any of these drugs, you’re going to need to defend yourself against a felony, the most serious form of crime on earth. And it can be a true uphill battle. Drug use is strongly frowned upon by the courts and by society in general, so even if you’re falsely accused, when you first approach the court, it might initially view you in a not too fond way. That’s why it’s the job of your defense attorney to speak on your behalf. They are able to investigate your case, apply their knowledge of the law to it, and then represent you and lend credibility to your half of the story.
Penalties for this Crime
If convicted of this crime, you can be sent to California state prison for two, three, or four years, and fined $10,000. If you pick up a felony on this charge, you might also never be able to own firearms again and you might have to tell potential employers or landlords that you were convicted of the offense. Since the consequences of this crime are so detrimental, it’s vital that you fight it through the use of a great defense attorney.
Alternatives to Prison
The thing defendants are most worried about – and rightfully so – is the possibility of going to state prison and losing years of their lives locked inside the system. A good defense attorney will aim to keep you out of prison and on a path toward rehabilitation (if you’re guilty) or out of prison and right back to your regular old life (if you were falsely accused). Drug diversion programs are NOT an option in this type of case, but there are other measures your defense attorney can take to keep you out of jail.
Formal California felony probation may be an option, as will be a suspended sentence (you might be convicted, but if you stay out of trouble, you won’t have to serve out your sentence). Only a good defense attorney can explain both of these options to you in depth. And if you’re not guilty, you can certainly fight the charges in front of a jury. You have that right. Depending on your prior convictions, if any, you will be a candidate for this type of punishment. If you have no criminal history, a defense attorney has an excellent change of getting you probation or reducing your jail time to a minimum.
If you are granted probation, you’ll face things like drug counseling, drug testing, payment of fines, and the ability to be searched at any time by an officer of the law, with or without a warrant. It’s well worth it to stay out of jail. These aren’t the only stipulations of felony probation but among the most prevalent. There are some rules that apply to all probationers and some that will only apply to some probationers. Each situation is different and probation officers are trained to know the best course for each person on probation. They are doing what’s best both for the state and the person who is being given a chance to rebuild their life.
Defenses
When you hire a defense attorney, they can defend you with numerous defenses. They might say that:
– The drugs in question were not yours
– Gun was unloaded
– An illegal search is what uncovered both the gun and drugs
– You were unaware that what was in your vicinity was drugs in the first place
Call an Attorney
Given the serious nature of this crime and the fact that you could lose your freedom, it’s vital that you call an attorney today before going forward or entering any type of plea. Call a great attorney today and get your life back on track.