Southern California Defense Blog

Several alternatives instead of jail exist for meth possession cases in Ventura. California Penal Code 1000 and Proposition 36 are two types of diversion programs that you may be eligible for.

Proposition 36 – California Penal Code Section 1210.1

Proposition 36 (“Prop. 36”), which is defined under California Penal Code Section 1210.1, is a voter-passed law that allows judges to order you to enroll in a drug treatment program instead of jail time if you are convicted of meth possession in Ventura.

Ineligibility

If your conviction stems from possession for sale of meth, you are ineligible for Prop. 36. In addition, your are ineligible for the program if:

1. You have been incarcerated within the last five years for a serious or violent felony offense;
2. You have been convicted in the same proceeding of a non-drug related misdemeanor or felony;
3. During the commission of the offense, you were in possession of a firearm and, at the same time, were either in possession of or under the influence of cocaine, heroin, methamphetamine or phencyclidine (PCP);
4. You refuse drug treatment as a term of probation (P.C. 1210.1(b)(4);
5. You have two separate drug related convictions, have participated in Prop 36 twice before, and have been found by the court by clear and convincing evidence to be unwilling to engage in any and all forms of available drug treatment. In such cases, you will be sentenced to 30 days in jail.

If you meet the eligibility requirements and want to enter into the drug treatment program, you will be required to plead guilty to the meth charge(s). Once you successfully complete the program, your meth possession conviction will be set aside and your meth charge(s) will be dismissed.

Deferred Entry of Judgment – P.C. 1000

Under California Penal Code Section 1000 (“P.C. 1000”), the Deferred Entry of Judgment (“DEJ”) program allows a defendant accused of possession of meth in Ventura to enter into a drug diversion program instead of going to jail.

If you are eligible for the program and wish to enroll, you must plead guilty to the meth possession charge. However, unlike Prop. 36, your sentencing will be delayed until you complete the program. During the program, you will take a series of classes focused on drug diversion for 18 months. If you successfully complete the program, your meth possession charge will be dismissed.

It is important to remember that if you fail to complete the program, the meth possession charges will not be dismissed and you will likely face a jail sentence.

Ventura Drug Diversion Program Attorney

With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, the Ventura Drug Diversion Program Attorneys at Wallin & Klarich have over 30 years of experience in successfully helping clients avoid jail time for meth possession by getting them into drug diversion programs. Our Drug Diversion Program Attorneys will inform you of what you are qualified for and can walk you through the steps of enrolling in a drug treatment or diversion program. We can also explain the consequences for non-compliance with the conditions of probation.

Contact us today at (888) 280-6839 or complete our client intake form online. We will be there when you call.

If you are facing charges for cocaine possession in San Bernardino, your San Bernardino Wallin & Klarich attorney can help you avoid jail time by requesting you attend a drug diversion program. California Penal Code section 1000 (“P.C. 1000”) and Proposition 36 (“Prop. 36”) are two types of diversion programs that you may be eligible for.

Deferred Entry of Judgment – P.C. 1000

The Deferred Entry of Judgment (“DEJ”) program under P.C. 1000 allows a defendant accused of cocaine possession in San Bernardino to enroll in a drug diversion program instead of going to jail.

The DEJ program has several eligibility requirements, including:
• You must be a first time offender;
• You must not have any offenses involving controlled substances on your record;
• Your cocaine possession charge must not involve violence;
• You must not have any prior probation or parole violations; and
• You must not have any felony convictions within five years prior to the present cocaine possession offense.

The judge will determine whether the program is the right option for you. If you are eligible for the program and you choose to enroll, you will be required to plead guilty to the cocaine possession charge. Your sentencing, however, will be delayed upon completion of the program. While in the program, you will take drug classes for 18 months. If you successfully complete the program, your cocaine possession charge will likely be dismissed.

Finishing the program is important. If you fail to complete the program, the cocaine possession charges will not be dismissed and you will likely face a jail sentence.

Proposition 36 – California Penal Code Section 1210.1

Prop. 36 is a law that also allows judges to order you to attend drug treatment in place of jail time for a cocaine possession conviction in San Bernardino.

Under California Penal Code Section 1210.1, Prop. 36 contains the following requirements:

• You are a first time offender of a non-violent drug possession or drug use crime;
• You do not have any serious or violent felony convictions on your record;
• If you have a violent felony conviction, you must have been out of prison for at least five years with no felony convictions, other than a non-violent drug possession offense or misdemeanor conviction involving violence within that time; and
• You are not charged with possession for sale of a controlled substance or convicted of a non-drug related offense in the same proceeding.

If you qualify for Prop 36 and choose to enter the program, you will be required to plead guilty to the cocaine charge(s). Instead of sentencing you to jail, the judge will place you on probation and require you to complete a drug treatment program lasting up to one year.

To monitor your progress, the judge can place additional conditions on your probation, including:

• Random drug tests;
• Regular check-ins with a probation officer;
• Mandatory court appearances;
• Requirement to pay treatment costs; and
• Lifestyle restrictions.

Upon successful completion of the program, your cocaine conviction will be set aside and your cocaine charge(s) will be dismissed. Failing to comply with the probation conditions can result in the judge revoking your probation and enforcing your original sentence that may include serving time in jail.

San Bernardino Drug Diversion Program Attorneys at Wallin & Klarich

If you are being charged with possession of cocaine in San Bernardino, you need to contact an experienced San Bernardino Drug Defense Attorney today. At Wallin & Klarich, our Drug Defense Attorneys have over 30 years of experience in successfully helping clients avoid jail time and getting them into drug diversion programs for cocaine possession. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, our attorneys are ready to walk you through the steps of a diversion program and help you stay out of jail. We will fight for your freedom.

Contact us at (888) 280-6839 or complete our client intake form online. We will be there when you call.

Possession of a Controlled Substance in Los Angeles

California Health and Safety Code section 11350 makes it illegal to possess a controlled substance in Los Angeles without a valid prescription. It is important to remember that a controlled substance can constitute both illegal and legal prescription drugs. In order to convict you of possession of a controlled substance in Los Angeles, the prosecution must prove the following:

1. You unlawfully possessed a controlled substance;
2. You knew of its presence;
3. You knew of the substance’s nature or character as a controlled substance; AND
4. The controlled substance was of a usable amount.

Punishment for possession of a controlled substance in Los Angeles

You could face a long jail sentence if you are convicted of possession of a controlled substance in Los Angeles. According to California Health and Safety Code section 11350, possession of a controlled substance can be charged as a felony punishable by up to 3 years in county jail followed by a period of probation.

Defenses to a charge of possession of a controlled substance

Fortunately, there are a number of defenses that your Los Angeles Drug Possession Defense Attorney at Wallin & Klarich can raise on your behalf. These include:

• Lack of control or possession;
• Momentary possession;
• Lack of knowledge;
• Valid prescription; and
• Failure to follow police procedures.

Each of these defenses may be raised depending upon the facts of your case. Be sure to hire a Criminal Defense Attorney at Wallin & Klarich to learn more.

Reduced sentencing for possession of a controlled substance in Los Angeles

Although the sentencing and punishment for possession of a controlled substance in Los Angeles can be severe, by using the defenses listed above, the experienced Los Angeles Criminal Defense Attorneys at Wallin & Klarich may be able to have your case dismissed. If the charges cannot be dismissed, your Wallin & Klarich Drug Defense Attorneys may convince the judge to impose no jail sentence and instead the court could:

• Place you on probation;
• Place you on probation and order you to complete community service, a work release program, and attend drug counseling or substance abuse classes;
• Place you on formal probation and assign you a probation officer; or
• Offer you a drug diversion program and dismiss the charges against you once you complete the program. (See California Penal Code Section 1000) (link).

Finding the most experienced 11350 H&S Defense Attorneys in Los Angeles

If you are facing a possible jail sentence for possession of a controlled substance in Los Angeles, it is important that you contact an experienced Los Angeles criminal defense lawyer who is familiar with drug cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville West Covina, Torrance, and Sherman Oaks, the Criminal Defense Attorneys at Wallin & Klarich have successfully represented clients facing possession of a controlled substance charges for over 30 years. We are ready to help you now.

Call us today at (888) 280-6839. We will be there when you call.

Under California law, a person is recognized to have “possession” of a tangible object when they have personal charge or control of, or exercise the right of ownership or management over the tangible object.

It is important to understand that possession of a controlled substance in California may be actual or constructive. Constructive possession is not as straightforward as actual possession, but constitutes possession nonetheless.

"Constructive possession" can apply in situations where the controlled substance is not found on the defendant's person (pockets, jacket, etc). Although there is no actual possession, constructive possession can occur if actual possession of the controlled substance can be inferred from the surrounding circumstances.

Continue reading "What Can Constitute "Possession" for the Purposes of Possession of a Controlled Substance? Health and Safety Code Sections 11350 & 11377" »

California Health & Safety Code Section 11350 is a law that makes it illegal to possess various types of drugs as defined within the health and safety code.

In order to be convicted of possession of a controlled substance, the prosecution must prove that you unlawfully possessed a controlled substance, that you knew of its presence, that you knew of the substance’s nature or character as a controlled substance, what the controlled substance was, and that the quantity possessed was a usable amount. Possession means that a person has physical custody and control over the substance.

One of the many defenses to possession of a controlled substance is momentary/transitory possession. In order to successfully assert the defense of momentary/transitory possession, it must be shown that the defendant possessed the controlled substance only for a momentary or transitory period, that the defendant possessed the controlled substance in order to abandon, dispose of, or destroy it, and that the defendant did not intend to prevent law enforcement officials from obtaining the controlled substance. Of course, because every case is unique it is vital that you speak with an experienced criminal defense attorney about the particular facts of your case and any defense that may be available to you.

Continue reading "I am Accused of Possession of a Controlled Substance - What Should I Do? - California Health & Safety Code Section 11350" »