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Wrongful Possession Of A Controlled Substance In San Bernardino
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Multi-State
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San Bernardino
Control #:
US-000303
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Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute.
Simple possession of a controlled substance, also known as drug possession for personal use, is California's least severe drug offense. Typically, it is a misdemeanor that carries up to 1 year in county jail. You may also be eligible for a drug diversion program.
Possession of a Controlled Substance A conviction for this offense is punishable by a jail sentence of up to one year. However, as a first-time offender, you can enter a drug diversion program and avoid incarceration for your offense.
Under California drug sentencing guidelines, most instances of simple drug possession (for personal use) get charged as misdemeanors rather than felonies. The crime is punishable by: imprisonment in county jail for up to one year, and/or. a maximum fine of $1,000.
Cocaine. Heroin. Prescription painkillers (without a valid prescription) Opiates.
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Whether your constructive possession case involves illegal drugs, firearms, or anything else, the penalties can be detrimental. You could face fines, probation, imprisonment, and more, not to mention the hardships that can come from having a criminal record.
Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box.
More info
California Health and Safety Code 11350 HS makes it unlawful to possess a controlled substance unless you have a valid prescription. CALJIC 12.06 Possession-Not Unlawful-Burden of Proof.Health and Safety Code 11351 HS makes it a felony crime to have possession of specific controlled substances with intent to sell them. An experienced criminal defense attorney can help clarify these definitions and defend against misconceptions or wrongful charges. To be convicted of this crime, the prosecution must prove that you unlawfully possessed a controlled substance and knew of its presence. To find someone guilty of a drug case, the government must prove that the supposed unlawful substance found is in reality the drug that they think it to be. If you are facing a possession of a controlled substance with intent to sell charge under HS 11351, our team of drug defense attorneys are ready to help. Unlawful search and seizure is a common defense in drug crime cases. They include the use, possession, manufacturing, and distribution of unlawful controlled substances, unauthorized prescriptions, and drug paraphernalia. Let's dissect each of these elements so that we can better understand California codeine laws.