Possession of Controlled Substances: HS 11377 & HS 11350
Methamphetamine, Heroin, Cocaine, Fentanyl, and other controlled substances
are a real problem in San Diego County. For example, in 2014, over 250
people died from methamphetamine related causes. There are thousands of
visits to the emergency room every year due to drug related issues. Drug
possession is a county-wide problem in San Diego – from Oceanside
to Chula Vista.
Proposition 47, which reduced felony drug possession (HS 11377 and HS 11350)
and some theft related offenses to misdemeanors, has tried to address
the criminality of drug possession. However, drug possession is still
a misdemeanor and the penalties include up to one year in county jail,
fines, probation, and other conditions associated with a conviction. Courts
have tried to offer alternatives and provide treatment through PC 1000,
Prop 36, and Drug Court; however, one has to qualify for those programs
and failure to complete the programs may still lead to a conviction.
Because of the severe consequences associated with a drug conviction, it
is important to retain an experienced criminal defense attorney to protect
your rights. There are numerous defenses to drug possession charges and
it begins with how and where the drugs were found.
The 4th Amendment protects an individual’s right to privacy, and before
the government can intrude upon that right, it has to have a warrant.
If no warrant is present when the search and seizure is conducted, an
exception to the warrant requirement is needed, or the evidence (drugs)
may be inadmissible in court. If the drugs are inadmissible, the case
may be dismissed.
I have been representing clients accused of drug possession since 2004.
If you have been charged or you are under investigation for possession
of drugs, contact my office today; I will provide a free consultation.