Heroin Possession Laws in California
The possession of heroin in Los Angeles County is a matter of utmost seriousness, viewed with great concern by law enforcement, prosecutors, and judges. The deeply addictive nature of heroin is the primary reason for this collective concern.
Unfortunately, a person will do almost anything when they need heroin – and that includes committing other, more serious crimes using weapons.
Also, those people who sell heroin are usually involved in some other sort of criminal activity, and it is a morality issue as well for the prosecutors and judges as far as people in the community using this type of horrible drug that has such a destructive addictive nature and ruins lives.
If you or a loved one is charged with possession of heroin, your best bet is to get in front of a criminal defense attorney who has been doing this for a long time. I've been handling these types of cases for the past twenty-five years. We need to develop a game plan—a solution to show the judge and prosecutor that you will get help for this particular offense.
If we can do that, then we're in a position to set it up so that your record can remain protected and you don't ruin your life because of a charge like this.
I have an array of different drug programs and drug counselors that we use – whether it be live-in or out-patient and several different strategies that can be utilized in the court, having done these cases for a long time.
So, this possession of heroin cases doesn't end up ruining somebody's life – both from the standpoint of drug addiction and from the perspective of putting a criminal record on you that you cannot get off.
Possession Or Sale Of Heroin
Regarding heroin sales or possessions for sale, the Health & Safety Code Sections used by law enforcement are Health & Safety Code Sections 11350, 11378, and 11351.5. Several different Code sections can be utilized when it comes to the sale or possession for sale of heroin.
When charged with heroin possession or sale, the potential consequences are severe, often leading to a lengthy prison sentence. In such cases, the assistance of an experienced criminal defense attorney is crucial.
Sometimes, different angles can be taken to avoid a prison sentence, get a probationary sentence, and hopefully preserve the person's record for the future. It just depends on the facts and circumstances of the case. That's why I have you come in.
We sit down; we go over everything – we talk about you, your life, your family, and your career, and the reason that you find yourself in this position where you're forced to defend a heroin-related offense.
One big defense is that the police illegally stopped you or searched you and violated your Fourth Amendment rights to the Constitution. If that defense is successful, then a lot of times, we are able to get whatever evidence they found, namely, the heroin suppressed.
This means it can't be used against you in a criminal case. Without the drugs, 9 out of 10 times, the prosecutors no longer have a criminal case against you, and they have to dismiss everything.
So, when it comes to the defenses in heroin cases, they are fact-driven. This means that whatever the facts are will dictate what type of defenses might be available to you, what you might be able to do to defend yourself, and what you might be able to do to get the case dismissed.
But, without a great criminal defense attorney by your side who has defended heroin-related offenses over many years, been in front of all the judges in LA County, handled cases in front of the DAs and the courts where your case is going to be pending.
You're not going to be in as strong a position as you would be if you were to try to handle the case yourself or use some other attorney who does not have the know-how and experience as it relates to heroin-related offenses.
What Resolutions Can Be Worked Out?
One big resolution we often work out is to get a diversionary or drug program where the person in the case is suspended for some time. After that period, if a person has completed a drug program, then that particular person is allowed to have their entire case dismissed so their record is unblemished.
Another strategy is for the person to plead guilty to the crime but not be sentenced, so they're not convicted of anything. After a year passes, if they haven't had any problems, their case is either reduced to a misdemeanor or dismissed outright.
You can't just say, in every case, this is what we will do. It depends on the circumstances, the person, their criminal record, what their charges were, how strong the case was against them, and precisely what they found.
Things that can exacerbate or cause a problem with a heroin case relate to whether you're possessing it or selling it. Those are the people that the prosecutors and police are looking to punish seriously. If you have a gun in association with a heroin-related offense, you're looking at prison time.
If you threaten somebody related to a heroin case, you're looking at prison time.
So, the crucial thing is the facts and circumstances of your case, how good your criminal defense attorney is, what type of things they can come up with that makes sense as it relates to your case, and what you can do to best defend yourself and end up with the best resolution that gets you out of the criminal justice system as fast as possible.
It is essential to seek legal advice in heroin-related cases. By providing me with the truth and details of your situation, I can guide you on the best course of action to ensure the most favorable resolution.
Then we set about with the plan—the plan for success—to get you out of the criminal justice system as fast as possible, putting you in a position to live a normal life without being haunted by a criminal record.
Possession of Heroin Defenses
Have you been charged with the felony possession of heroin? If so, our drug defense lawyers can and will help you. Since heroin has no medical purpose whatsoever, possession of it will always result in a felony. Heroin is a Schedule I drug. It is illegal to possess, sell, or distribute heroin.
Violations of these laws result in imprisonment and heavy fines. In Federal Court, first-time possession can result in up to one year in prison and a $5000 fine. A second-time possession can result in two years in jail and a $10,000 fine.
If you are convicted of possession of heroin in California State Court, you face a felony, punishable by 16 months or 2-3 years in the California state prison and a maximum $20,000 fine.
We thoroughly investigate and contest all the evidence presented against you. We are experienced and qualified to handle such cases. We'd like to assert any applicable defenses and fight for you aggressively and persistently.
Any prison sentences vary according to circumstances such as purpose, amount, and priors. We guarantee to do everything possible to get you the best possible results.
