A drug crimes defense attorney in San Francisco has been hired by a client who was arrested for possession of marijuana. He needs help defending himself against the charges. A drug crimes defense attorney in San Francisco has been retained by a client who was charged with possession of cocaine. The client needs help defending themselves against the charges.
Page Contents
Types Of Drug Crimes
- Possession of a controlled substance.
- Cocaine and Heroin sell.
- Drug paraphernalia.
- Drug manufacturing.
- Prescription drug crimes.
- Delivery or sales of drugs.
- Drug trafficking.
Possession of a controlled substance
Possession of controlled substances is regulated under California Health and Safety Code Section 113501, which makes it illegal to retain a controlled substance without a valid tradition. The list of controlled substances pursuant to HS 11350 includes, but isn’t limited to, anodynes, heroin, cocaine, and traditional medicines.
To be condemned for possession of a controlled substance charge under Health and Safety. Code Section 11350, the fulfillment must prove that
You unlawfully had a controlled substance;
You knew of its presence;
and You knew of the substance’s nature; and
There was a usable quantity of the controlled substance.
What Is ‘Possession’?
In order to condemn you under California Health and Safety Code section 11350, the fulfillment must prove that you had possession of a controlled substance. Factual possession means you have direct and immediate control over the medicine. This generally arises in situations where the substance is set up on your immediate person. Still, you don’t have to actually hold or touch commodity in order to retain it. It’s enough if you have particular control over the medicine or share that control with another person.
This type of possession is also known as formative possession. You can be set up in formative possession of a controlled substance if the medicines were set up in an area over which you exercise control. Thus, if the controlled substance is set up in your auto or your home, you can be condemned for this offense.
Cocaine And Heroin sold
Under California Health and Safety Code Section 11351, it’s a felony to retain certain controlled substances similar as cocaine and heroin with intent to vend them.
To be condemned of possession of cocaine or heroin with intent to deal under California Health and Safety Code Section 113512, the execution must prove that
You unlawfully had cocaine or heroin;
You knew that you were in possession of cocaine or heroin;
You knew of its nature as a controlled substance;
You had enough of it to deal for use as a controlled substance; and
You had cocaine or heroin with the specific intent to deal it.
Drug paraphernalia
Health & Safety Code § 11364 prohibits possessing “an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.”
The term paraphernalia can include bongs, pipes or hypodermic needles. Crimes under § 11364 HS are punishable as a misdemeanor by up to six months in the county jail. Misdemeanor crimes for drug paraphernalia are eligible for diversion programs under Proposition 36 or PC 1000.
Drug manufacturing
Health & Safety Code § 11379.6 HS prohibits manufacturing, producing, compounding or processing a controlled substance. This felony offense is punishable by up to seven (7) years in prison. Enhanced penalties can apply if certain aggravated factors are present.
Related offenses include Health & Safety Code §§ 11383 and 11383.5 HS for the possession of materials for manufacture of a controlled substance.
Who hire defense lawyer in San Francisco
- A drug crimes defense lawyer in San Francisco has been hired by a client who was charged with possession of cocaine. He needs help in defending himself against the charges.
- Drug crime defense lawyer in San Francisco has taken over representation of a client who was arrested after police found him in possession of methamphetamine.
- A Drug crime defense attorney in Los Angeles has been retained by a defendant who was arrested for possession and distribution of drugs.
- Drug crimes lawyer has been retained by a criminal defense attorney in San Francisco who is representing a client accused of possessing drugs.
- A drug crimes lawyer in San Francisco has defended a client accused of selling drugs.
- A drug crimes attorney in San Francisco has represented a client who was arrested on suspicion of possessing heroin.
- Drug crimes law firm in San Francisco has been engaged by a client who was stopped by police while driving under the influence of alcohol.
- A drug crimes defense lawyer in San Francisco has represented a client who was arrested following a traffic stop.
The client will need to hire an experienced drug crimes criminal defense lawyer to represent him at his court hearing. The lawyer will argue that the police officer did not have probable cause to search the vehicle. If the judge agrees, then the client will likely receive a dismissal of the case. However, if the judge does not agree, then the client will face a trial where he will need to prove that the drugs were planted.
You can place your trust in the Hallinan Law Firm. Our knowledgeable California drug lawyers are committed to defending your rights and your freedom. Call us today for immediate help with your drug-related case.
“Contact the Hallinan Law Firm today for a free consultation with Mr. Neil Hallinan”
Other Criminal Defense Practice Areas: