Under the Influence
Prescription Drug Charges
Producing, manufacturing, and selling illegal drugs are clearly the most serious drug offenses. Just from the quantity of the drug alone, with no evidence that you sold it all, can lead to a conviction of possession of drugs with the intent to distribute them.
Possession of drugs for personal use in California is usually less serious than those cited above. As an example, possession of less than an ounce of marijuana is charged as a misdemeanor. Often someone convicted of this charge is generally not incarcerated, but may be placed on probation or ordered to pay a fine or attend some classes. However, possession of a larger amount of marijuana or other drug, is usually considered a felony, even if it is for personal use.
Search and Seizure under the Fourth Amendment
If an officer has no warrant and asks you for permission to search you, your car, your home, or any other place belonging to you – you may refuse the search by telling him no. If the officer performs the search anyway without your consent, a judge may determine your rights were violated. Unless the officer can give the judge a legally legitimate basis for searching you, the judge may find the officer should have obtained a warrant. Many drug charges are centered on these “Search and Seizure” questions.
Under the Influence
Health & Safety Code Section11550 is a statute known as “under the influence of a controlled substance.” This statute makes it a misdemeanor to “use” or “be under the influence of” a controlled substance. Three examples of a controlled substance would include banned narcotics like heroin, cocaine, and methamphetamine. Some lawful prescription drugs can also fall under this statute, if the individual does not have a valid prescription.
Being convicted of an under the influence charge, 11550 H&S, is a serious charge with harsh consequences. The minimum penalty for this crime at sentencing is a mandatory minimum 90 days in jail. A competent attorney should be consulted to determine if the person may be eligible and suitable for some type of alternative program in lieu of jail.
Accused of Drug Possession?
If you have been accused of drug possession contact the Law Offices of Kim W. Hansen, and we begin working on your case immediately. With years of criminal defense experience on our side, we can help you with your problem and find opportunities that may help you to stay of jail.
We are available to deal with all types of cases regarding possession of illegal drugs. Whatever drug you have been charged with possessing, you can be confident that we will stand by you in your defense and work to keep your record clean.
Whether you have been charged with a felony or a misdemeanor, we will work to mount an effective defense. Every case is different and needs to be evaluated by a competent criminal defense attorney. At times, this will mean arguing at the preliminary hearing for the charges to be dismissed. Other times the facts of your case will require asserting a Fourth Amendment argument if the police committed an illegal search, to prevent the prosecutor from using the evidence against you. Sometimes the best way to protect your case may going to trial and we will advise you if we feel that will be in your best interest. In other cases, when the prosecutor is agreeable to probation, we can bargain for that as an option in lieu of jail time.
Drug possession charges can differ significantly, depending on the amount you are charged with possessing. Even a small quantity of drugs can come with somber consequences. The penalties can get worse as the amount increases. Remember the Law Offices of Kim W. Hansen dedicated to providing you the best defense possible.
Syringes, pipes, clips are commonly known as drug paraphernalia, and possession of these and similar items can lead to misdemeanor charges being filed against you by the prosecutor. A knowledgeable attorney can and will find many ways to help you with these types of charges. Depending on the approach used, these charges can be defended and often can be dismissed. Contact the Law Offices of Kim W. Hansen to determine what the best course of action would be in your particular case.
Prescription Drug Charges
Possession of a controlled substance without a prescription are serious charges and need to be dealt with quickly and effectively. If you have been charged with this crime, contact an attorney without delay. At the Law Offices of Kim W. Hansen, we go to work immediately on these types of charges. Often contacting the police directly, before the prosecutor has received the police reports and files charges, is the most effective defense in these types of cases. Call today for help if you have one of these matters.