Southern California Defense Blog

On September 20, 2010, Paris Hilton pled guilty to possessing cocaine and for lying to a police officer about it.

Hilton was arrested after a small bag containing the cocaine fell out of her purse in the presence of a police officer. She told the officer that the cocaine did not belong to her.

Hilton was charged with felony possession of cocaine, but by admitting possession, she was allowed to plead to a lesser possession charge. According to the terms of her plea, she must serve a year of probation, complete a drug program, pay a $2,000 fine, and complete 200 hours of community service.

In California, under Penal Code section 11350(a), cocaine possession is a felony. However, a person convicted of drug possession may be eligible for an alternate to imprisonment under Penal Code section 1000 or Proposition 36. Talk to an experienced Southern California criminal defense attorney to discuss your legal options.

Lying to a police officer is a violation of Penal Code section 148(a)(1), which punishes “[e]very person who willfully. . .obstructs any…peace officer…in the discharge or attempt to discharge any duty of his or her employment.” Obstructing a police officer is a misdemeanor punishable by up to six months in jail, up to a $1,000 fine, or both the imprisonment and the fine.

If you or someone you know has been charged with a drug crime or obstructing a police officer, you will need an experienced Southern California criminal defense attorney to assist you in your case. At Wallin & Klarich, we have helped people accused of drug crimes and obstructing a police officer for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

It was recently reported in the LA Times that authorities in Ventura County assisted in the arrest of an alleged heroin kingpin in Mexico. Mexican officials apprehended "the king of heroin," Jose Antonio Medina Arreguin last week based on the investigative work of Ventura County prosecutors and narcotic officers. Arreguin has been alleged to have smuggled 440 pounds of heroin monthly into California for at least three years, hiding the heroin in secret compartments built into automobiles. Mexican narcotics officials said his operation brought in about $12 million a month.

Under California Health and Safety Code section 11352, transportation of a controlled substance is defined as any person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport a controlled substance. More importantly, transporting a controlled substance is a felony punishable by three, four, or five years in a state prison.

Continue reading "Ventura County Assists in the Arrest of the "King of Heroin" - California Health and Safety Code section 11352" »

How an Experienced Southern California Drug Defense Attorney Can Help You

If the police detain you for any reason and you are caught with drugs you may be charged with drug possession. But, if the police believe that you possessed the drugs in order to sell them, then that is a separate charge called “possession for sale.” What would give police the proof that you intended to sell the drugs as opposed to merely possess them for your own personal use? Some of the many factors include the amount of currency the defendant had at the time of arrest, the quantity of drugs possessed, whether the drugs were individually packaged, whether the defendant was in possession of drug paraphernalia, and whether the location where the suspect was arrested is a high narcotics sales area.

Although possession and possession for sale are both serious charges, there are many reasons why avoiding a possession for sale charge is critical. For example, many people charged with possession are eligible for a special diversion program that if successfully completed, could result in a dismissal of the charges altogether. These diversion programs are usually not available for possession for sale charges because those diversion classes are meant to help users, not sellers.

Continue reading "The Difference between Possession of Drugs and Possession of Drugs for Sale Charges - California Health and Safety Code Section 11350 & 11351" »