The California law that makes it unlawful to conceal a controlled substance in a fake compartment is Health and Safety Code 11366.8 HS. The crime is punishable by up to 3 years in prison and may be tried as a misdemeanor or felony. According to this law, it is unlawful for someone to:
Any box or enclosure that is intended or created to conceal a prohibited substance is referred to as a "false compartment."
Regarding the use of fictitious compartments to conceal drugs, see California Health and Safety Code 11366.8. The relevant code section forbids two acts. First, a violation of Health and Safety Code 11366.8(a) includes:
Second, a violation of Health and Safety Code 11366.8(b) includes:
A "false compartment" is any box, container, space, or enclosure contain or built to conceal any drug inside of it. However, a "vehicle" may be personal or professional in nature. Common vehicles include, for instance: vehicles such as automobiles, trucks, buses, airplanes, boats, ships, and yachts.
A suspect of hiding drugs in a false compartment may contest the accusation by raising a legal defense. A charge is frequently withdrawn or decreased as a result of a successful defense. Please be aware, however, that in order to mount the strongest defense possible, a defendant must hire representation. Three typical countermeasures against HSC 11366.8 allegations include:
A wobbler is a person who hides narcotics in a false compartment; as a result, the offense is punishable as either a misdemeanor or a felony. Overall an individual who breaches Health and Safety Code 11366.8(a) may get a maximum penalty of one year in the county jail. According to Health and Safety Code 11366.8(b), the following offenses may result in a sentence of incarceration in the county jail:
Please be aware that a judge may impose criminal probation instead of jail time. This kind of probation is also referred to as "summary" or "informal" probation.
The hiding of drugs in a phony compartment is a criminal in three different ways. Which are: HSC 11351, HSC 11366, HSC 11379.
California Health and Safety Code 11351 HS forbids the possession of some illegal substances with the aim to resale them. These include illicit narcotics like cocaine, heroin, and LSD. HSC 11351 also provides coverage for widely use prescription drugs like codeine, hydrocodone (Vicodin), and oxycodone (Oxycontin).
Operating a drug house is against California Health & Safety Code 11366 HS. "Drug houses" are any establishments that specialize in the distribution or sale of unlawful controlled narcotics. In California, operating a drug house is a wobbler offense, which means it can result in either a misdemeanor or a felony prosecution.
Without a license, it is illegal to produce drugs, narcotics, or restricted substances, according to California Health and Safety Code 11379.6 HS. More particularly, it forbids production. As a result, a felony accusation will be brought for violating Health and Safety Code 11379.6.
If you or someone you know has been guilty of a felony under California Health and Safety Code 11366.8, we encourage you to contact our attorneys for a consultation. Please feel free to give our office a call at 310.943.1171.
Proposition 64 has brought major changes in the state of California. However, it hasn't completely stopped all legal complexities, especially when it comes to driving. While anyone at the age of 21 and over can legally possess and use marijuana within certain limits, operating a vehicle while in possession of it still carries legal challenges. Understanding these layers of law is important for CA drivers so we may avoid any legal penalties. At KAASS LAW, we are committed to providing anything that requires clarifications on these evolving laws. Furthermore, we strive to protect your rights on the road.
Even if you're not actively under the influence while driving, just having it in your vehicle can lead to legal issues, given the circumstances. Here are a couple of violations worth mentioning:
California's position on marijuana has modernized and allowed the usage of the substance. What's more, this shows that CA is a lot more lax than its strict rules against it in the past. However, the laws surrounding driving under the influence (DUI) of cannabis are complex and carry serious legal problems if one were to break the law. Whereas recreational and medicinal use is legal for adults, yet on the other, operating a vehicle while impaired by marijuana is strictly prohibited and treated with the same severity as driving under the influence of alcohol. Understanding these laws, your rights, and the potential penalties is crucial for all California drivers. At KAASS LAW, we are dedicated to providing clarity on this critical issue and offering robust legal defense to those facing DUI or marijuana charges.
Vehicle Code section 23152(f) applies to driving under the influence of marijuana. Under VC Section 23152(f), "an individual is prohibited from driving under the influence of drugs." "Drugs" for purposes of this code section refers to any drugs (both illicit or prescribed) that can impair one's driving abilities. Examples of drugs that apply under this code section include marijuana, LSD, cocaine, and even sleeping pills. Without a doubt, this is a very serious matter.
The war on drugs, a decades-long, generational disputes over illicit substances, is a complex web of laws and regulations at both the federal and state levels. While state laws often address possession and smaller-scale distribution, federal drug trafficking charges are way more harsher penalties and can have life changing consequences. These charges are not simply about possessing a small amount of an illegal substance; they involve a complex interplay of factors, including the type and quantity of the drug, the method of distribution, and any involvement in larger criminal organizations. Understanding the nuances of federal drug trafficking laws is crucial, as even seemingly minor missteps can lead to severe repercussions, including lengthy prison sentences, hefty fines, and a criminal record that can haunt you for years to come. At KAASS LAW, we understand the gravity of these charges and the impact they can have on your life. We are dedicated to providing aggressive and compassionate legal representation to individuals facing federal drug trafficking accusations. The following will provide a comprehensive overview of federal drug trafficking laws, potential defenses, and the importance of securing experienced legal counsel.
Federal drug trafficking law US Code 21 Section 841 states that it is unlawful to knowingly and intentionally manufacture, dispense, distribute, or possess the intention to manufacture, distribute or dispense a controlled substance; or distribute, create, dispense or possess with the intention to dispense or distribute the counterfeit substance.
Prescription drugs play a vital role in managing health conditions, but they can also be misused and abused. California law takes a strong stance against prescription fraud, including forging or altering prescriptions. These actions not only endanger public health but also carry severe legal consequences. At KAASS LAW, we understand the complexities of prescription drug laws and are committed to providing accurate legal information and representation. The following will explore the legal ramifications of forging or altering a prescription in California, outlining the potential charges, penalties, and defenses.
Under California Business and Professions Code Section 4324 it is illegal to forge or alter a prescription, or possess drugs acquired through a false prescription. It is a crime in California to forge a prescription or make an attempt to gain possession of prescription drugs. However, in case a person actually got medication as a result of forging a prescription, he will be also liable under Business & Professions Code Section 4324(b). A person can be convicted of both offenses i.e. forging the prescription and obtaining the medication through false prescription.
One of the most frequently-charged drug crimes is possession of a controlled substance, under California Health and Safety Code 11350 Possession of a Controlled Substance. It is prohibited possessing certain controlled substances without a valid prescription. Controlled substance is a chemical or a drug whose possession, manufacture, and use are regulated by the United States "Controlled Substances Act".
Unlike Health and safety code 11365 which governs unlawful use of controlled substance, In order to being convicted of Health and Safety Code Section 11350 Possession of a Controlled Substance, the following elements must be established:
California VC 23222(b) driving in possession of marijuana only pertains to marijuana that is not in a concentrated form, such as, hash; nor does it pertain to large amounts of marijuana.
Unlike, California Health and Safety Code 11359 Possession of Marijuana for Sale, which pertains to being caught with a large amount of marijuana in your vehicle. California Vehicle Code 23222(b) punishes those who are found guilty of driving with up to 1 ounce of marijuana in their cars.
Driving under the influence is a serious charge. You can have a citation for an open container violation even if you're dead sober. However, if law enforcement suspects you are driving impaired, they will conduct a DUI search. These can be stressful and, if convicted or arrested, financially costly, in addition to wasting a lot of your time.
A police officer can only search an individual's car if:
Should a police officer do an unlawful search and then find marijuana inside the car, that marijuana, which is deemed to be evidence, can be excluded for purposes of the case. Additionally, the case may also be dropped as a result of an unlawful search.
If you are pulled over and questioned about marijuana in your vehicle, it's essential to remain calm and exercise your rights:
Navigating California's marijuana laws, especially in the context of driving, can be complex. If you're in a legal dilemma for driving in possession of marijuana or a marijuana DUI, it's crucial to have experienced legal representation on your side. At KAASS LAW, we have a thorough understanding of these laws and can provide you with a strong defense. We will:
Don't think you can do this alone! Contact KAASS LAW today for a scheduled consultation service. Our office and its expert members can help and discuss your case so we may learn how we can help you navigate the legal complexities of driving in possession of marijuana in California.
Evidence of driving under the influence of marijuana may include:
Charges associated with DUI of marijuana include:
A first DUI charge essentially means that it is the individual's first-time DUI charge (including either drug or alcohol). The possible penalties associated with this first DUI of marijuana include:
A Second DUI charge essentially means that it is the individual's second DUI charge (including drug or alcohol). The possible penalties for this second-time offender include:
If a Third DUI charge means an individual's third DUI charge (including either drug or alcohol). The possible penalties for this offense include:
The penalties for a misdemeanor DUI with injury include:
A felony DUI occurs if it is the individual's fourth DUI offense within the past 10 years. Additionally, the driver has a prior felony DUI conviction. Or if the driver causes an accident in which the other parties die or are injured as a result of the accident. Penalties for a Felony DUI include:
In this case of a felony DUI with injuries occurs when an individual drives under the influence and then causes bodily injury or death to another. Consequently, penalties for a felony DUI with Injury include:
In any case, given the situation if the case goes from bad, to worse, reckless driving can also potentially be a risk factor.
Driving under the influence of marijuana carries serious legal consequences in California. Additionally, don't navigate this complex legal landscape alone. In brief, please contact KAASS LAW today for a confidential consultation to discuss your case and learn how we can help protect your future across the state. Overall, we can help conduct, analyze, challenge, and negotiate for you so we may provide an aggressive and effective representation.
The prosecution must prove beyond a reasonable doubt the following elements to convict the defendant of federal drug trafficking:
A counterfeit substance is a controlled substance that has the container or labeling of any trademark, identifying mark, trade name, number, imprint, device, or any likeness thereof, of a manufacturer, dispenser, or distributor or without authorization.
The defendant is likely to be charged with a federal drug crime charges in case the criminal activity:
Small amounts of drugs can be considered to be for personal use, and are often handled by local and state officials. But, in case the defendant is involved with larger amounts of drugs with the intent to distribute, his case is more likely to be handled by federal authorities.
The judge considers the following factors when determining the defendant’s sentence:
According to the Controlled Substance Act (CSA), controlled substances are divided into five schedules based on their perceived abuse potential, safety concerns, and medical utility. Drugs listed in Schedule I have the highest potential for abuse. The defendant can face a 10-year minimum sentence for manufacture or possession with the intent to distribute the following drugs:
The defendant can face up to 20 years in federal prison for a second offense, and a life sentence for a third offense. In case someone suffered great bodily injury or died as a result of the crime the penalties can double from a minimum of 20 years to a life sentence for a subsequent offense.
The defendant will also face a mandatory minimum sentence of 5 years in federal prison for smaller amounts of drugs.
The defendant will face harsher penalties in case he carried a firearm during a drug trafficking crime, was trafficking drugs near a federal facility or school, or used a minor under the age of 18 in drug operations.
At KAASS LAW, we have an experienced office in defending individuals against federal drug trafficking charges. We understand the complexities of federal law and are committed to providing our clients with the highest quality legal representation. If you are facing federal drug trafficking accusations, contact us today for a confidential consultation. Additionally, if you received any trouble from drugs hidden in a false compartment, we can also help! We will review your case, explain your options, and provide legal options in protecting your rights and your future. Don't face these serious charges alone. Let KAASS LAW fight for you. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
The prosecution must prove the following elements to convict the defendant of forging or altering a prescription:
Prescription forgery is the use of a falsified prescription for purchasing drugs illegally. Forging or altering a prescription is making, publishing, uttering, passing, or attempting to pass a prescription for drugs or possessing drugs acquired by a false prescription. Attempting to transfer another person a falsified prescription, even if you didn’t actually write it, is also a crime.
Prescription is an instruction to provide drugs, either by phone, through writing, or through electronic communications (i.e., facsimile). Generally, a valid prescription must include the following information:
The term “drug” under California Business and Professions Code Section 4025 include:
The defendant is guilty of falsely uttering a prescription in situations where the defendant:
Some common defenses to charges related to forged prescriptions
Business and Professions Code section 4324 forging or altering a prescription is considered a "wobbler offense". As such, the offense can be charged as either a misdemeanor or a felony, depending on the defendant’s criminal history, as well as other factors.
Penalties for misdemeanor Business and Professions Code 4324 conviction include:
Penalties for felony Business and Professions Code 4324 conviction include:
Furthermore, additional penalties a defendant can face include the following:
If you're facing charges for prescription fraud, it's crucial to have experienced legal representation. A skilled criminal defense attorney can:
At KAASS LAW, we understand the serious consequences of prescription fraud charges. Our attorneys dedicate to protecting your rights and fighting for the best possible outcome in your case. If you are under accusation with forging or altering prespeciptions, contact us today for a free consultation. We'll review your case, explain your legal options, and develop a strong defense strategy to protect your future. Moreover, any matters involving a wrongful death due to prescription drugs, please contact us today.
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According to California Health and Safety Code a "controlled substance" can include a wide range of drugs, including, but not limited to stimulants, hallucinogens, depressants, opiates, cocaine, heroin, methamphetamine, PCP.
There are three types of controlled substance possession: actual possession, constructive possession and joint possession. Actual possession of a controlled substance means having drugs on person with immediate or direct physical control over it. Constructive possession means not having drugs on person but having the authority to control the possession of drugs. This means that the defendant does not need to be caught with drugs in his direct possession in order to be charged under HS 11350(a). Having joint possession means sharing actual or constructive possession with at least one other person.
The defendant is excused from violation of Health and Safety Code 11350 as long as he held valid prescription for the drug and the possession was consistent with the purpose of the prescription. A legal written prescription is given form physician, dentist, podiatrist, or veterinarian licensed to practice in state. This defense won’t apply if the defendant possessed a fraudulent prescription for the drug or was found in possession of more drugs than was prescribed.
Temporary possession will serve as a legal defense in case the defendant possessed the drugs with the aim to dispose or destroy them for terminating its unlawful possession. This defense won’t absolve the defendant from criminal culpability in case he exercise control over the drug but willingly dispose it.
Health & Safety Code section 11350 specifically punishes for the possession of something illegal. Therefore, in case the defendant did not actually or constructively possess the controlled substance then he can't be committed in violation under the essence of this law.
According to Health & Safety Code section 11350 the defendant must be aware of the presence of controlled substance and knew its nature or character as a controlled substance. Therefore, knowledge is an essential part of this crime. In case the defendant wasn’t aware that the possessed drugs were illegal, he must be acquitted of illegal possession
Possession of controlled substances under Health and Safety Code 11350 is misdemeanor. Penalties for conviction are the following:
If the defendant has prior convictions for especially serious felonies, gross vehicular manslaughter while intoxicated, sex crimes against a child under 14, or sexually violent offenses he will face felony penalties such as sixteen months, two or three 3years in prison. Additionally, in case the defendant is not a citizen of the United States, a conviction for possession of illegal drugs can lead to deportation, denial of reentry and denial of naturalization.
For answers to any other questions you may still have about California Health and Safety Code 11350, about being present while controlled substances are used, or to discuss your case confidentially with our team of experienced California criminal defense attorneys, give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
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A Los Angeles criminal defense attorney can help you with the sort of legal assistance that you require regarding drug crimes in the county. Our lawyers in Glendale, Los Angeles, CA are here to help understand your legal rights. Please call our office at (310) 943-1171 or contact us via email at [email protected]