A: The prosecution has the stress of proving past an affordable question that you choose to unlawfully possessed a controlled compound.

wellbeing and security Code 11550 criminalizes applying or staying beneath the impact of the controlled substance without a legitimate prescription. managed substances protected by this statute include things like normally prescribed remedies which have been also abused, such as:

The Legislature additional finds and declares that the elimination of disparity as well as the provision of uniformity of sentences can finest be achieved by determinate sentences preset by statute in proportion to the seriousness from the offense as based on the Legislature to be imposed via the court docket with specified discretion.”

irrespective of whether you happen to be arrested for possession of the controlled material or accused of a federal drug trafficking offense, you need to hire a seasoned San Diego protection attorney.

A violation of HS 11550 is classified for a misdemeanor. probable penalties include imprisonment in jail for 180 times or not more than one 12 months. The judge may well grant misdemeanor probation as an alternative to jail time.

deficiency of possession. Arguing that you simply didn't essentially have the controlled compound, possibly mainly because it belonged to some other person or simply because you had been unaware of its existence.

And, dependant upon the kind of possession, prior convictions can also make the difference between a judge granting probation whatsoever or imposing a prison sentence with an added three-several years prison enhancement.

Your San Diego drug crimes attorney will help you have an understanding of the plea-bargaining process and what you can hope in the circumstance. depending upon the severity from the charges against you, you may have nominal place to barter In regards to your charges and sentencing. even so, a great defense attorney will leverage any and all readily available evidence of their shopper’s favor and support them make the strongest attainable situation for any lighter sentence.

ex: You have a critical health-related problem and possess a prescription for the drugs that was issued by a licensed health practitioner.

private and non-private legal protection attorneys function lawful advocates for individuals dealing with felony charges but vary in quite a few key areas.

Felony drug charges will even likely cause a ten-yr ban on possessing firearms in California, and parents billed with drug-related offenses could have their custody rights stripped. in the end, a drug offense has the probable to lead to everyday living-altering consequences in some ways, so it is significant to work with a seasoned San Diego drug crimes attorney in case you deal with any website type of drug charges in southern California.

Participation from the offense was compelled by a direct risk of great bodily harm or Loss of life, there was no acceptable chance to escape the risk.

What need to the prosecution show to convict anyone of unlawful possession of a controlled substance?

If any these evidence exists, the suspect could face felony-degree prosecution. The penalties escalate considerably beyond the usual penalties for drug possession in California under Prop forty seven and should incorporate felony probation, 3 to 5 years in county jail, and as many as $twenty,000 in fines.