San Diego Drug Attorney Explains Prescription Drug Charges
California Health and Safety Code Section 11550(a) is a very serious allegation that can significantly impact your life and
criminal record. HS 11550(a) is Under the Influence of a Controlled Substance,
without a valid prescription. These substances include opiates, opium
derivatives, hallucinogens, and depressants that can be obtained if a
doctor has prescribed them for medical purposes.
Penalties of HS 11550(a)
HS 11550(a) carries a
mandatory 90 days of custody (jail) if convicted. This means that, if you are convicted (either plead guilty
or are convicted at trial) then a mandatory
minimum sentence of 90 days in county jail will be imposed. There are also fines
and a 3- to 5-year probationary period that will most likely include a
Fourth Waiver.
Fourth Waivers indicate that a defendant has agreed to waive all of his or her fourth
amendment rights regarding protection from unreasonable searches and seizures
by the government. Generally, the government cannot intrude on an area
that you have a legitimate expectation of privacy in (home, for example)
without a warrant, with some exceptions. However, when you are convicted
of 11550(a), you are no longer protected from this governmental intrusion;
the government (police officers, probation officers, parole officers,
etc.) can search your person, house, and personal effects without a warrant,
probable cause, or reasonable suspicion.
Obtain Defense from a Prescription Drug Lawyer in San Diego
This is a very serious waiver of your constitutional rights – and
will not only affect you, but your family and friends as well. The best
way to avoid a conviction and becoming a Fourth Waiver is to hire an experienced
criminal defense attorney that specializes in drug offenses. Your legal
defender may be able to file motions that preclude a conviction. Or, in
the alternative, negotiate an agreement that will not include custody.
To retain an
experienced attorney, call my firm, Kern Law, APC. I have over 15 years of experience dealing
with criminal law, and I can help you avoid a conviction for charges involving
HS 11550(a) and other
prescription drug charges.
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