Drug possession charges under Health and Safety Code § 11350 may seem minor compared to trafficking offenses but they carry real criminal consequences, immigration risks, and collateral damage to employment and housing. The LAPD and LASD are aggressively enforcing HS § 11350 amid the fentanyl crisis, and the Los Angeles County Superior Court processes thousands of these cases every year. Protect yourself at thebulldog before this charge defines your future.
The Bulldog Law fights drug possession charges at every level from diversion eligibility to outright dismissal. You are not your worst moment, and we fight to make sure the law treats you that way.
Understanding HS § 11350 in Los Angeles
HS § 11350 makes it unlawful to possess a controlled substance without a valid prescription. It applies to heroin, cocaine, methamphetamine, fentanyl, and dozens of other Schedule I and II narcotics.
Following Proposition 47 (2014), simple possession under HS § 11350 is generally a misdemeanor for most defendants, carrying up to one year in county jail. However, fentanyl possession has become a focal point for enhanced prosecution in Los Angeles. Possession of fentanyl with knowledge that it could cause death or great bodily injury can support a felony charge under HS § 11352 or PC § 347.
How The Bulldog Challenges LAPD and LASD Evidence
Drug possession cases rise or fall on the legality of the search. The Fourth Amendment is our primary weapon.
Stop and frisk searches must be supported by reasonable articulable suspicion. Vehicle searches must comply with the automobile exception or consent requirements. Home searches require valid warrants. We scrutinize every search and file suppression motions aggressively. If drugs are suppressed, the case collapses.
Knowledge is an element of HS § 11350. The prosecution must prove the defendant knew the substance was a controlled drug. In cases involving fentanyl in counterfeit pills or unknown substances, knowledge is genuinely contested.
Actual vs. constructive possession is litigated in every multi occupant vehicle or residence case. The fact that drugs were found in a shared space does not prove any individual possessed them. We challenge attribution of possession to our client when others had equal or greater access.
What to Do in the First 24 Hours After a Drug Possession Arrest in Los Angeles
After a HS § 11350 arrest, LAPD or LASD will typically book you and either release you with a citation or hold you for arraignment. In many misdemeanor cases, defendants are released the same day.
Do not consent to any searches beyond what has already occurred. Do not make statements about how you obtained the drugs or where you were going. Invoke your right to counsel immediately.
At the Los Angeles County Superior Court, many first time offenders are eligible for diversion under PC § 1000 or Proposition 36 (PC § 1210.1), which allows dismissal upon completion of a drug treatment program. The Bulldog Law evaluates every client's diversion eligibility from day one and pursues it aggressively.
Diversion and Alternative Sentencing Options
Los Angeles County has robust diversion options for drug possession defendants. PC § 1000 pre trial diversion allows eligible defendants to complete an 18 month program and have charges dismissed. Proposition 36 allows defendants to choose drug treatment over incarceration.
We advocate vigorously for our clients' access to diversion, treatment, and alternative sentencing. A drug possession charge should not destroy your life and with The Bulldog Law on your side, it doesn't have to.
Frequently Asked Questions
Is drug possession a felony or misdemeanor in California?
Under Proposition 47, simple possession under HS § 11350 is generally a misdemeanor. However, fentanyl specific charges and possession for sale can be charged as felonies.
Can a drug possession charge be dismissed in Los Angeles?
Yes. Fourth Amendment suppression motions, diversion programs (PC § 1000), and Proposition 36 treatment options can all result in dismissal of HS § 11350 charges.
What is the fentanyl possession law in Los Angeles?
LAPD and LASD are aggressively prosecuting fentanyl possession, particularly when the defendant knew the substance could cause death or great bodily injury. Felony charges under HS § 11352 or PC § 347 may apply.
Can I get diversion for a drug possession charge in Los Angeles?
Yes. PC § 1000 and Proposition 36 both offer pathways to dismissal for eligible defendants who complete drug treatment programs.
Does a drug possession conviction affect my immigration status?
Yes. Drug convictions, even misdemeanors, can trigger devastating immigration consequences for non citizens, including deportation. Contact The Bulldog Law immediately for combined criminal and immigration strategy.
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