Drugs and Narcotics Laws
Health and Safety Code 11550 HS.
Under the Influence of a Controlled Substance
No person shall use, or be under the influence of any controlled substance , or narcotic drug
When administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception
Any person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days or more than one year in a county jail. The court may place a person convicted under this subdivision on probation for a period not to exceed five years and, except as provided in subdivision (c), shall in all cases in which probation is granted require, as a condition thereof, that the person be confined in a county jail for at least 90 days. Other than as provided by subdivision (c), in no event shall the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.
As noted above, this is a very serious crime and can if convicted can result in jail time. Fortunately for our clients we can either argue the valid defense or negotiate a deal that is in the best interests of our client.
If one has a prescription for drugs then they do not qualify as under the influence because they are allowed to be under the influence of the drug they have been prescribed. Often if you are on any prescription drugs at the time this can result in a favorable outcome for our clients.
Not under the influence
Often police officer will tell you that you were under the influence from “objective symptoms” from their “training and experience”. The problem with this is that these objective symptoms are created naturally by non drug related activities. Often clients are lacking sleep, or they have drank coffee, have a cold, taking cold medication, or have been smoking cigarettes. Substances that are legal can often trigger an officer to assume you are under the influence.
Often in situations where the charge is Under the Influence, the officers involved have made an illegal search. If they did not have the proper cause (reasonable suspicion to stop you or probable cause to search you) then the evidence can be excluded, resulting in a dismissal or a not guilty verdict.
If the substance ingested was not voluntarily ingested by you then this is a defense to the alleged crime.
Example: If someone slips a drug in your drink or puts drugs in your food, this would be a scenario of involuntary intoxication.
Marijuana Possession for the Purpose of Sale
Health and Saftey Code 11359 HS
Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished.
If you are in possession of marijuana for purpose of sale, there are options and it is your best interest to call the law office of Bradley Corbett.
Possession of a Controlled Substance
Health & Safety Code 11350 HS
This offense is somewhat self-explanatory. Common drugs under this offense are: Opiates, cocaine, heroin, peyote, GHB, Ecstasy and Meth.
Often in situations where the charge is Possession of a Controlled Substance, the officers involved have made an illegal search. If they did not have the proper cause (reasonable suspicion to stop you or probable cause to search you) then the evidence can be excluded, resulting in a dismissal or a not guilty verdict.
Manufacturing of Drugs & Narcotics
Health & Safety Code 11379.6 HS
The Health & Safety Code prohibits Manufacturing Drugs and Narcotics. Examples are often growing operations of marijuana, meth labs or ecstasy labs.
Defenses for this crime include mistaken identity and illegal search
A drug crime, in which a person is either involved with illegal drugs or using drugs in an illegal way, encompasses a wide variety of charges. From large charges (like large scale drug trafficking) to small charges (like possession of a controlled substance), the range of possible charges and convictions is massive. Aside from possession and trafficking of drugs, possible charges also include sale or transport, possession of drug paraphernalia (such as a bong or other device), manufacturing, being under the influence, and driving under the influence of drugs.
The detrimental effects of being charged with a drug crime, whether big or small, are severe. You could face prison time of 16 months to 9 years. You could be required to pay a fine of up to $20,000. Employment opportunities could be unattainable. Parenting situations could negatively change. The charges can remain on your record and follow you throughout your life. With such severe consequences, any drug crime charge should not be taken lightly.
Having an experienced, dedicated San Diego drug crime attorney, like Bradley R. Corbett and our team, is key to removing or reducing a drug crime charge. Bradley R. Corbett and our San Diego criminal defense team will create a defense to get you the best results possible. Depending on the case, our team may fight the charges or reduce the charges, allowing you to enter a drug treatment program and remove the charge from your record. We may scrutinize the case for police mistakes or misconduct. Whatever your situation, we’ll work endlessly to create a strong defense to provide you the best outcome possible.
Prescription Drugs in San Diego
When being charged with a drug crime, drug types and their subsequent charges fall into different categories. A drug that is labeled as a Schedule II drug or higher may include codeine, hydrocodine (or Vicodin), ketamine, methamphetamine, and PCP. This label typically means the drug can be used for medicinal purposes in which someone obtains a prescription, but if abused, could lead to severe dependence. Only through having a prescription and following the prescription guidelines is use of the drug legal. These drugs are typically abused by prescription holders because of their effective pain-killing ability, or because they enjoy the pain-numbing effects that bring on euphoric feelings when they take the pills.
The best kind of defense for these drugs is proving that you had a valid prescription. If this can’t be proven, there are a variety of defenses that could help your case, such as proving mistaken identity (in which the drug belonged to someone else but the police assumed it was yours), the police found the drug through an illegal search and seizure, or there was some type of police misconduct. If your find yourself with the charge of a prescription drug crime, contact our San Diego criminal defense attorneys today.
Illegal Drugs in San Diego
A drug that is labeled as a Schedule I drug includes drugs like ecstasy, GHB (although there are rare cases where this drug can be prescribed), and heroin. This label typically means the drug is highly abused and has no medicinal purposes. Therefore, any possession or sale of these drugs is highly illegal.
The best defense for these drug charges is to negotiate a plea bargain or convince the judge and jury that you only possessed the drug for personal use and not to sell. If you are charged with personal possession, you may be able to participate in a drug diversion program, which would keep your record clean of any charges. If you are charged with possession for sale, on the other hand, your punishment will be much more severe. The defense could also argue mistaken identity, entrapment (in which the police lured or coerced you into buying or selling the drug), or police misconduct.
Marijuana in San Diego
Marijuana charges are more complex, as there are a variety of possible charges with the drug. When it comes to possession of marijuana and controlled cannabis (the separated resin from the marijuana plant), it is considered illegal. And, depending on the amount you are found with, the consequences vary. Like the other drugs listed above, it is illegal to sell, transport, or distribute the drug as well.
However, medical marijuana is legal. The patients and their caregivers can even be given license to cultivate but not sale or distribute marijuana if given approval from a physician.
Why Bradley R. Corbett?
With a wide variety of interpretation for the illegal use of these drugs, having a good criminal defense lawyer is exactly what you need to make sure you get the best outcome. Bradley R. Corbett and our team have the years of experience and proven court case results to give you the protection you need. If you or a loved one has been charged with a drug crime, don’t despair. Call Bradley R. Corbett and our team of San Diego criminal defense layers today for a free case consultation.