Drug Crimes—Health & Safety Code § 11350, § 11351, § 11352
Trusted Los Angeles Drug Crimes Attorney
Both California and federal law prohibit the use, possession, sales, and transportation of controlled substances. While every case is unique, our attorneys are experienced in spotting the most frequent violations of your rights that occur in drug cases. For this reason, you need to speak with a trusted Los Angeles drug crime attorney from our firm to protect your future.
At Moaddel Law Firm, our attorneys are ready to defend you, whether you are charged with simple possession, or a large-scale drug trafficking conspiracy. We have a long track record of providing fierce legal defense for each of our clients, and you can trust us to uphold your rights at every turn.
Our Los Angeles Defense Attorneys Know how to Fight Drug Crime Charges
We will determine whether officers violated your rights regarding search and seizure, violated your Miranda rights, violated your right to remain silent, or violated your right to an attorney. If so, we will make a motion to keep the evidence out of court. We can challenge the reliability of information given by police informants that justified your arrest or search. We can also ask the court to dismiss your case entirely if you were entrapped or the victim of other government misconduct.
If your case goes to trial, our attorneys aggressively litigate pretrial motions to get the evidence in your favor in, and keep the evidence against you out. Our attorneys are skilled at cross-examining narcotics officers and police informants, undermining their testimony and credibility.
Even if you decide you’d rather take a plea bargain, our attorneys will negotiate the best possible deal with the District Attorney’s Office.
Health & Safety Code § 11350
HS § 11350 prohibits the possession of controlled substance, such as cocaine, crack, heroin, and other drugs, including prescription drugs that were not lawfully prescribed. This offense carries a penalty of up to three years in prison. However, you may be eligible for a drug diversion program.
Health & Safety Code § 11351
HS § 11351, possession of narcotics for sale, is more serious than simple possession, and is ineligible for drug diversion programs. Officers will use the amount of drugs seized and the packaging of the drugs, as well as the presence of weapons, ledgers, and large amounts of cash, to accuse you of possession for sale, rather than simple possession.
Health & Safety § 11352
HS § 11352, sale or transportation of a controlled substance, is a felony that prohibits selling, furnishing, administering, giving away, transporting, or importing an illegal narcotic. If you have been arrested on the basis of a controlled buy, our attorneys will examine all the evidence the government has against you—including officer reports, audio or video recordings, statements made by the undercover officer or informant, and the history of the undercover officers or informants—to determine what actually occurred.
Health & Safety Code § 11364
HS § 11364, possession of drug paraphernalia, prohibits the possession of “any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.” These cases are usually based on the possession of hypodermic needles, pipes, bongs, or cocaine spoons. HS § 1164 is a misdemeanor, and you can face up to six months in county jail. However, this offense usually qualifies for drug diversion programs.
Health & Safety Code § 11379.6
Manufacturing, producing, or processing a controlled substance is a felony, carrying a seven year prison sentence, the harshest penalty of any California drug law, which can increase based on the amount of drugs involved, the presence of children near the manufacturing location, or if someone is hurt as a result.
Health& Safety Code § 11550
HS § 11550 prohibits using or being under the influence of a controlled substance, including cocaine, heroin, methamphetamine, or even prescription drugs, if you do not have a valid prescription. HS § 11550 is a misdemeanor that can be punished by up to one year in county jail; however, most people qualify for a drug diversion program.
California Marijuana Laws
California recently legalized the recreational use of marijuana by adults over the age of 21. However, there are significant restrictions of usage. Crucially, marijuana is still illegal under federal law. This means you cannot purchase marijuana in another state and drive it into California, and you may not take marijuana with you when you leave California.
Currently, the federal government is not prioritizing marijuana prosecutions in states where recreational marijuana is legal. At Moaddel Law Firm, we stay up to date on developments in marijuana law, and can advise you on the current landscape of marijuana law and the interaction between federal and state law.
Post-Conviction Reductions
Due to the passage of Proposition 47 and Proposition 64, there are several drug offenses that are eligible for reduction or resentencing, if you are still in custody. If you were convicted of possession of a drug or a marijuana offense, you may be eligible to have the conviction reduced, or your sentenced reduced.
If you or a loved one has been arrested for a drug crime, call us at (877) 375-8188 today!
