Possessing A Controlled Substance While Armed – Health & Safety Code 11370.1
This is one of the pet peeves for prosecutors and judges throughout Los Angeles County related to narcotics, and that is individuals who are also possessing a gun at the same time.
The whole point of trying to crack down on drugs has to do with the fact that not only does it destroy people's lives because they get addicted to narcotics, but it also usually involves some violent behavior.
So, suppose somebody is armed with a gun and is usually using narcotics, or they have the weapon to protect the narcotics from a prosecutor/law enforcement standpoint.
In that case, this is a situation that is ripe for violent behavior and also will put the person in prison typically if the prosecutors believe they are dangerous enough and that they possessed the gun to protect the drugs.
Another big thing that I have defended many times is individuals who are trying to rob drug dealers because they figure that the drug dealer will not call the police because they would have to explain that they were selling drugs when they were robbed of their drugs or money or both.
So, anytime you're talking about guns and drug possession, that makes the situation much more severe.
There are situations where just drugs are involved, and there are situations where just guns are involved. However, when you put the two together in Los Angeles County, typically, the prosecutors try to put the person in prison. I will guide you through the legal process, from arrest to trial, and explain what to expect at each stage.
Negotiation With Prosecutor
So, you're going to want to get an attorney who has handled these cases before and had success and knows how to differentiate your particular situation from somebody who prosecutors and judges perceive as more dangerous.
For instance, in a recent case, we were able to demonstrate that the firearm was not used in connection with the drugs, leading to a reduced sentence. I typically have you come into my office to review the whole scenario.
I ask you to be honest and give me a straightforward account of what happened. Your honesty is crucial in this process, as it allows me to evaluate and determine the best moves to achieve the best possible result in your particular case. Being truthful is not just a moral obligation, but it is also the key to a successful defense.
We also need to see how the police have written up the police report because they often make things sound worse than they are. They twist or add specific facts that do not apply to your circumstance.
So, once I have all of your information related to the drugs and gun case, the next thing I'm looking for is your criminal record. I'm also looking to see what the police report says about the situation, and I will often give the police report to the client so they can review it as well.
Then we can get down to the nitty-gritty as to what exactly happened — what the absolute truth is and what we can do to resolve this in the best possible way for you. As your attorney, I will guide you through this process and strategize the best approach for your case, providing you with the support and confidence you need during this challenging time.
Once all the facts are laid out, we can break things down and decide the best moves to put you in the best possible position related to your case. Once you complete probation, we can often explore opportunities for a positive outcome, such as getting other charges reduced or dismissed, giving you hope for a better future.
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