Possession of a Controlled Substance
Possession of Cocaine in Orange County – Health & Safety Code 11350
Have you or someone you know just been arrested for possession of cocaine in Orange County? If so, contact the attorneys at Wallin & Klarich now to learn about your legal rights. Recently, Senator Mark Leno of San Francisco introduced a bill that would allow prosecutors to charge possession of heroin, cocaine and other hard drugs as a misdemeanor rather than a felony. The bill was a modest attempt at…
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How can Wallin & Klarich help me get into a drug diversion program for meth possession in Ventura? (PC 1000 and Prop 36)
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…
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Can a San Bernardino Attorney help me get into a drug diversion program and avoid jail time for possession of cocaine? (P.C. 1000 and Prop. 36)
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…
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Will I go to jail for possession of a controlled substance in Los Angeles? (HS 11350)
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…
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What Can Constitute “Possession” for the Purposes of Possession of a Controlled Substance? Health and Safety Code Sections 11350 & 11377
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…
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I am Accused of Possession of a Controlled Substance – What Should I Do? – California Health & Safety Code Section 11350
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…
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