Los Angeles DUI Lawyer Blog

California Health and Safety Code §11350 makes it unlawful for any person to be in possession of a controlled substance. Controlled substances are those listed under California Health and Safety Code §§ 11054 and 11055. These sections include the majority of common recreational or "street" drugs like heroin, cocaine, methamphetamines, certain hallucinogenic drugs and antidepressants. These sections, however, do not include marijuana. Marijuana is covered by California Health and Safety Code § 11357.

Drug possession cases in California are generally charged as a felony, and are not taken as serious offenses by the courts. However, an experienced Los Angeles Criminal Defense attorney knows that there much leniency for Drug Possession charges. With a powerful argument and the skill of a good lawyer, charges may be reduced from a felony to a misdemeanor, or in many cases, dismissed altogether.

If the drug allegedly found in your possession is certain types of depressants, the law may be read as a wobbler by the Judge. A wobbler is a law under which a charge may be filed as a misdemeanor or a felony, depending on the facts of the case. Prosecutors and Judges will consider the criminal history, if any, and the specific facts surrounding the case to arrive at a determination.

A majority of drug possession cases allow for the completion of a drug diversion program. A drug diversion program involves the completion of drug education and rehabilitation classes. Once the classes are completed to the court's satisfaction, your case will be dismissed. An experienced Los Angeles Criminal Defense attorney can present persuasive argument in court allowing you to complete a program as a means to getting the case totally dismissed.

Potential sentences for drug possession charges will fall at some point within a range set my legislation. For misdemeanor charges, the range will be anywhere between zero days to a year in county jail and not more than $1000 in fines.

For felony charges the range falls anywhere between probation and a year in county jail, or 16 months to three years in state prison.

There is a lot of room for negotiation and leniency in drug possession cases, especially if it is your first offense. A professional Criminal Defense attorney is familiar with all available defenses and arguments that will help reduce, or even full dismissal of the case.

California Health and Safety Code §11359 makes it unlawful to "possess for sale, any marijuana, except as otherwise provided by law". The section is exclusively for possession for sale of marijuana, all other controlled substances and narcotics are regulated by California Health and Safety Code § 11351.

There is no set numerical value or test to show a person is guilty of Possession for Sale. Instead, a subjective test is used to prove that the person had intent to sell the drugs in their possession. To prove intent, Prosecution uses the Totality of Circumstances Method. The Totality of Circumstances method uses the specific facts and circumstances surrounding a case to make an argument.

If a person is found with a bag containing 20 baggies of carefully weighed out marijuana inside and a handful of cash in high bills, Prosecution will argue that they had carefully measured baggies to sell to customers, and the cash was from the sales they had already made. However, an experienced San Diego Criminal Defense Attorney can prepare a powerful defense that will present the facts in your favor.

With a Totality of Circumstances method there is plenty of room for negotiation and defense. A knowledgeable Criminal Defense attorney can provide the strong argument needed to have a case reduced or dismissed. In addition, a majority of cases are offered a plea bargain. An attorney can tell you if the plea bargain offered is the best possible resolution for a case.

Using effective argument, your case may be dismissed. If Prosecution cannot prove that a person had the intent to sell the drugs in their possession the charges may be dropped, or reduced to a Drug Possession. A Drug Possession charge allows many people to complete a Drug Diversion program. Once completed, the Drug Possession charge will be dismissed.

A possession of drugs for sale charge is regulated by California Health and Safety Code §11351. The section makes it unlawful for anyone to possess for sale, or purchase for sale any type of controlled substance or narcotic. These include the popular PCP, Cocaine, Heroin, Methamphetamines and certain depressants and opiates. Possession for marijuana sales is regulated by California Health and Safety Code §11359.

To find someone guilty of possession of drugs for sale, Prosecution must prove that there was an intent to sell. An intent is generally proven through the Totality of Circumstances method. In a Totality of Circumstances test, facts and circumstances of a specific case are used to show that a person had the intent to sell any drugs in their possession.

For example, let's say that a person is caught with a small bag of heroin in his pocket and nothing else. There are not enough facts to prove that there was any intention to sell the heroin. The person will probably only be charged with Possession of Drugs.

In contrast, consider this scenario: A person is caught with thirty baggies of cocaine. Each bag contains a carefully measured amount that is the same in each bag. Nearby there is a scale and wads of cash. The circumstances point towards there being a strong intent to sell. In this situation, the person has a probability of being charged with Possession for sale. The equally measured bags imply that they were going to be sold to customers, and the scale indicates that the person charged was measuring each bag so that they sold the right amount to each person. Prosecution will be able to show, using the facts, that the person charged probably intended to sell the drugs.

The totality of circumstances test is subjective, and therefore open to interpretation and argument. An experienced Los Angeles Criminal Defense attorney has handled thousands of cases of Drug possession. They have the knowledge to prepare a powerful argument and present the facts in a light most favorable to your case. If prosecution cannot use the facts to show there was a clear intent to sell, then the case is likely to get reduced or dismissed.

California Health and Safety code §11357 makes it illegal to have marijuana in a person's possession. The only exception to this law is if someone holds a valid medical marijuana prescription. A prescription is available to those who are determined to be qualified by a licensed physician. It allows for holders to have in their possession no more than 8 ounces of marijuana to use for medicinal purposes. California recognizes the prescription as a valid exception, but not in vehicles. Even with a medical marijuana prescription, a person is not allowed to have it in their possession while in a vehicle. They may, however, transport it in their trunk, as long as it is the lawful amount or less.

Similarly, a person caught with marijuana in their possession in a vehicle without a valid prescription, may be charged under California Vehicle code §23222. California Vehicle code §23222 states that any person found with not more than an ounce of marijuana in their possession, other than concentrated cannabis, will be found in violation. The charge is that of an infraction and the person will be ordered to pay a fine.

However, a person who is found with marijuana in their possession while in a vehicle will most likely also be charged with marijuana possession under the Health and Safety Code. When a person is charged with multiple offenses, the potential consequences may fall within a wider range.

With recently enacted laws in effect, and the new field of medical marijuana, there is a lot of room for an experienced Los Angeles Criminal Defense attorney to reduce or dismiss charges.

The amount of drugs found in possession of a person in combination of the type of drug will determine the potential sentencing range and the relevant section of the California Health and Safety Code. Consequently, it will determine whether a person is charged with an infraction, misdemeanor or felony.

In general, the smaller the quantity of drugs, the increased chances of being charged with an infraction or a misdemeanor. California law prior to January 1, 2011, made possession of less than an ounce of marijuana a misdemeanor, and anything more than an ounce, a felony. A recent change in California law has made possession of marijuana under an ounce, an infraction. An infraction is comparable to a traffic ticket. It involves no jail time, just a fine to be paid. Being charged with an infraction, other than dismissal, is the best possible result. Due to the relatively new nature of the law, it is unclear what amount will constitute a misdemeanor and a felony under California law.

The potential charge for drugs other than marijuana will depend on the type of drug and the state in which a person is being tried. In California, drug possession charges will be a felony, regardless of quantity, for serious drugs like heroin and crack.

However, first time offenders in the majority of drug cases will qualify for a drug diversion program. A drug diversion program allows a person to enroll in drug education and rehabilitation classes and upon completion, have their case dismissed.

A drug possession charge may also be charged as a felony when it is in conjunction with several other charges. Such charges may include Possession for Sale, or Driving under the Influence of a controlled substance.

A knowledgeable Los Angeles Criminal Defense attorney can provide the persuasive argument your case needs to ensure you qualify for a Drug Diversion program. With changes in law, a drug possession case has a high probability of being dismissed with the right defense from an experienced professional.

Under California Health and Safety code §11350 and §11377, the legislation makes it unlawful to be in possession of certain controlled substances, defined by the code section. The type of drug that a person is found in possession of will have an impact on the potential consequence a person may face.

Those found in possession of amphetamines, including methamphetamines, may face a potential sentencing range established by California Health and Safety Code §11377. A first time offense has the potential of being charged as only a misdemeanor and has a good probability of being dismissed with completion of a Drug Diversion program.

Possession of Cocaine or Crack is regulated under California Health and Safety Code §11350. First time offenders may be charged with a misdemeanor or felony depending on the quantity found. They may serve up to 3 years in jail but have a strong opportunity to be allowed to enrolls in a Drug Diversion program which, upon completion, will lead to a dismissal of charges.

Heroin possession is also included under California Health and Safety Code §11350.
Those found in possession of Heroin face felony charges, including a possible sentence range of 16 months to 3 years in prison and/or up to a $20,000 fine. However, much like amphetamines and cocaine, the courts allow for a dismissal of charges upon completion of a Drug Diversion program for first time offenders.

Possession of marijuana is covered by a different section of the Health and Safety Code, §11357. Marijuana, in its less concentrated form, also allows for Drug Diversion programs to have your charges dismissed. In addition, potential sentences for those found in possession of marijuana depends on the quantity found, and whether the person holds a medical marijuana prescription.

An experienced Los Angeles Criminal Defense attorney has handled thousands of drug cases ranging from methamphetamines to marijuana. Each drug has a different potential sentence depending on the quantity and the circumstances surrounding the offense. In many cases an attorney can prepare a strong argument to allow the completion of a Drug Diversion program which will eventually lead to the dismissal of charges.

California Health and Safety Code §11350 makes it unlawful for a person to be in possession of a controlled substance. Controlled substances are those that are listed by the legislators in California Health and Safety Code §§ 11054 and 11055. These sections do not include marijuana. Marijuana possession is covered by California Health and Safety Code §11357.

To build a case against a person, prosecution uses a totality of the circumstances method. A totality of the circumstances method means that opposing counsel will take the surrounding facts of a person's arrest to prove that the person was in possession of a controlled substance. For example, if a person is arrested physically holding a controlled substance the prosecutors will use these facts to help build their case. If a person is stopped by authorities and a controlled substance is found in his or her jacket, the prosecutors will have to build a case using the circumstances to show that a controlled substance was found in the jacket, and that jacket indisputably belonged to the person arrested.

Whether a person is charged with drug possession as an infraction, misdemeanor or felony will depend on several different factors. First, on the type of drug they were found with. It may be anything from opiates, their derivatives, hallucinogenic substances, certain depressants, to other narcotics and in some cases, prescription drugs. Second, it will matter how much of the controlled substance is found. A greater quantity will lead to a higher potential consequence.

A knowledgeable Los Angeles Criminal Defense attorney has handled thousands of drug possession cases involving a range of different controlled substances. They are well versed in different tools used to reduce, and in many cases dismiss, drug charges. Oftentimes, plea bargaining along with a strong argument will persuade prosecution to consider a potential sentence other than jail. Additionally, the case may be dropped if evidence has been obtained as a result of illegal search and seizure.

Legislators are constantly changing and amending laws that affect California citizens daily. Once changed it leaves open the question of whether the law applies proactively, or from beyond its enactment and how it may impact your already existing case.

The new marijuana law that went into effect on January 1, 2011 may reduce your marijuana misdemeanor charge to an infraction under Senate Bill 1449. However, if you have an already existing offense, and an open case, it is unclear as to how Courts and Judges apply the new legislation.

A knowledgeable San Diego Criminal Defense attorney has researched all new legislation and how it has been applied in courts and current cases. Consequently, they are aware of how Judges are handling cases in the San Diego Criminal Courts. Based on this experience of the Criminal courts they can prepare the best possible argument in your defense so that you can take full advantage of any new laws that will pertain to the facts of your case.

If you have a pending case, or have been arrested in the new year for marijuana possession, it is best to consult a Criminal Defense Attorney who has handled thousands of cases like yours. With new laws in effect, a persuasive attorney may be able to reduce your charges, or better yet, get your case dismissed altogether!

The field of Medical Marijuana is fairly new, therefore legislators and courts are still discovering new issues and are uncertain on how to proceed on certain questions. Consequently, determining in which cases a Medical Marijuana Prescription will relieve a person of a charge is assessed on a case by case basis.

Many people who are pulled over for a Driving under the influence of marijuana charge obtain a Medical Marijuana Prescription after the fact and seek to apply it retroactively. The prescription will have only the date the doctor was seen and cannot be legally dated before that.

Nevertheless, this technique has been used repeatedly in court as a defense against a marijuana related charges. Each argument and its effectiveness depends on the Judge and the prosecutor it is presented to. In the majority of cases it has not been a successful defense and Judges have chosen to not honor the post dated prescription.

A well prepared argument made by an experienced Los Angeles Criminal Defense attorney is able to in many cases present a powerful defense that will strengthen your case and weaken prosecution's. This may lead your sentence to be reduced or better yet, dismissed completely!

Under California Penal Code 1000, certain persons charged with drug related cases are able to get their case dismissed through the completion of drug education and awareness programs.

This section applies only to first time offenders if they meet certain requirements.
In order to qualify, the charge being brought against you must be one of the specific California Health and Safety Code sections mentioned in Penal Code §1000, as well as meeting a list of criteria outlined in the same section.

Firstly, the person charged may not have any prior offenses regarding controlled substances. The offense they have been charged with may not involve any kind of violence or threatened violence. Any kind of charge involving bodily injury, or even an aggravated assault will render a person ineligible for the drug diversion program. Furthermore, there can be no evidence of a narcotics charge or restricted dangerous drugs other than those sections listed under Penal Code §1000.

The person requesting the benefits of PC 1000 may not have any record of probation or parole being granted and thereafter revoked. Additionally, there may be no indication on the person's record that they have successfully completed or been terminated from a drug diversion program within 5 years prior to the alleged commission of the offense. Lastly, there can be no prior felony charge within 5 years of the charge for which a Drug Diversion program is being requested for.

Prosecution will review the requirements, the charged person's past record and background and arrive at a decision whether they qualify for PC 1000. If they qualify, the Prosecution will prepare a written declaration to the court and to both parties giving notice so that a Deferred Entry Judgment hearing date can be set.

An experienced Los Angeles Criminal Defense attorney who has been practicing in Southern California for over thirty years has not only acquired a wealth of knowledge regarding drug cases, but has built a solid reputation among Judges and Prosecutors in the Southern California area. With this expertise they are able to prepare a powerful argument and give you the best possible chances in qualifying for PC 1000 and having your case dismissed!

Although a great number of marijuana drug charges in California involve possession, there is a vast number of charges under California Health and Safety Code 11358 to 11361 involving marijuana that do not center around possession. An experienced Los Angeles DUI and Criminal Defense attorney has not only argued hundreds of cases regarding marijuana charges, but has gained an extensive knowledge of the different exceptions and defenses articulated by law.

California Health and Safety code 11358 criminalizes the planting, cultivation, harvesting and growing or any related action of marijuana and may be punished by imprisonment. Additionally, California Health and Safety code 11359 makes it a criminal charge to possess marijuana for the purpose of sale. Under section 11359 a person may be punished by imprisonment in state prison.

Transporting, importing, furnishing, selling or giving away marijuana into this state yields a much harsher punishment. Equally punished is someone who offers to transport, import, furnish, sell or give away marijuana. Both charges will bring a sentence of imprisonment in state prison for two to four years.

As is the case with simple marijuana possession charges, there are legally mandated exceptions under the Compassionate Use Act of 1996. Medical Marijuana prescribed by a licensed physician under specific circumstances allows certain defenses for those charged under the Health and Safety Code.

To assure that your rights are protected and you are given a powerful argument under any applicable exception or defense, put your case in the hands of a Criminal Defense attorney who has been in and out of criminal courts in Southern California for over thirty years. At Hoffman and Associates, we have built a solid reputation among the Judges and Prosecutors in all criminal courts, a value which we bring to you in the form of outcomes and results on your case that you want!

The potential consequence for a Los Angeles Drug Possession charge, varies upon several different factors. Consequently, the final sentence will be different for each defendant and will fall within a wide spectrum.

California Health and Safety Code 11357 states that anyone found carrying concentrated cannabis may be penalized by not more than a year in county jail, and/or a $500 fine. In certain situations, a defendant may be sentenced to imprisonment in State Prison.

Someone who is found with more than 28.5 grams of marijuana, other than concentrate cannabis will be guilty of a misdemeanor and punishable by no more than $100 fine for a first offense. For offenses other than the first offense, the final sentence will be towards the harsher end of the spectrum in comparison to the first offense which will be on the lower end. Anyone found carrying more than 28.5 grams of marijuana, other than concentrated cannabis will be guilty of a felony and sentenced up to six months in county jail and/or up to a $500 fine. Similarly to a misdemeanor charge, a second or third offense will be treated with a stricter punishment.

A Judge will consider the facts of the specific case, Prosecution's argument and the powerful defense provided by a Los Angeles Criminal Defense attorney. An experienced attorney will get to work immediately preparing a powerful argument that portrays you in the most positive light. At Hoffman and Associations we have been representing clients on drug possession charges all over Southern California for over 30 years. We have a solid reputation after handling thousands of cases similar to yours so that you have the confidence you want in a criminal attorney and see the results you want!

Having Marijauna in one's possession is illegal in the state of California, punishable as a misdemeanor or felony based on the concentration and amount of marijuana found. However, a Los Angeles Criminal Defense attorney can advise you that California law allows for certain situations in which carrying marijuana is legal and not punishable by law.

Prop 215, also known as the Compassionate Use Act of 1996, is embodied by law in the California Health and Safety Code Section 11362.5. The Act was enacted to allow for seriously ill Californians to obtain marijuana prescriptions that provide a natural and efficient remedy to certain illnesses. The prescription must be given by a licensed physician and the patient must qualify with an illness listed under the relevant legal section.

Even with a valid prescription to grow and carry Marijuana, restrictions still arise which can lead to criminal charges if violated. The Act does not supersede legislation enacted to prohibit persons from acting in a manner which endangers others. Additionally, Marijuana bought with a prescription may not be brought within, or surrounding the grounds of any school or educations facility providing education for kindergartners through 12th grade.

Without a prescription for marijuana use, being caught by authorities will result in a misdemeanor or possible felony charge, unless you have a knowledgeable attorney to represent you and protect your rights. An experienced Los Angeles Criminal Defense attorney, who has done thousands of drug possession cases can give you a powerful argument and zealously advocate your case in court.

Having dealt with thousands of drug possession cases, the skilled attorneys at Hoffman and Associates have built a solid reputation amount the legal community and have established a valuable presence with the Judges and Prosecutors in Southern California's many criminal courts. Contact our office for a FREE CONSULTATION and learn what our firm can do for you!

Marijuana possession is charged under California Health and Safety Code 11357 and is divided into a misdemeanor or felony charge depending on the concentration of the substance and the amount in possession. Many factors affect the charge, including the type of powerful argument made in court by a knowledgeable Los Angeles Criminal Defense attorney.
Under the applicable section, a person found in possession of concentrated cannabis will be charged with a violation of California Health and Safety Code 11357 (a), unless they are authorized by law to do so. Under section (b) of 11357, anyone found with 28.5 grams of marijuana, other than concentrated cannabis, will be charged as a misdemeanor if not authorized by law. A person found in possession of more than 28.5 grams of marijuana, other than concentrated cannabis and not authorized by law will be charged with a felony.

California law authorizes marijuana to be legally in the possession of a person who is eligible under the Compassionate Use Act of 1996 (California Health and Safety Code 11362.5). Under this act, the California legislature allows for certain persons to legally possess concentrated cannabis, or medical marijuana. Such persons must have an illness that can be cured naturally by marijuana and must have been diagnosed by a licensed physician who recommends medical marijuana as a remedy.

Marijuana possession is a serious charge and can lead to serious consequences. Having an experienced on your side can immensely help you legal argument and protect your rights in court. A highly skilled attorney, such as Ronald Hoffman, has been handling drug possession cases in Southern California for over thirty years and has built a solid reputation with the legal community and among the 29 Criminal courts in the area. Contact our office for a FREE CONSULTATION. We are confident that you will find the powerful advocacy and knowledgeable advice you seek with the lawyers at our firm!