Law Offices of
Kenneth T. Holder
17280 Newhope St., Unit F
Fountain Valley, Ca 92705
Office (714) 434-3620
Fax (714) 464-4611
kholder@kthlaw.com

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Drug Related Crimes

Health and Safety Code Sections 11350 - 11382.5

In most cases, if you are arrested for possession of a controlled substance you may be charged with Health and Safety Code Sections 11350, 11357, or 11377 depending upon what type of controlled substance you have. The quantity of the controlled substance also affects the severity of the charge and the punishment. These charges can be filed as either a misdemeanor or a felony and it?s important for defendants to understand that there is a possible sentence of 1 year in a county jail if filed as a misdemeanor, while there is a possible sentence for up to three years in state prison if filed as a felony. In several cases where criminal defendants were charged with less than 1 ounce of marijuana (Penal Code §11357), Ken Holder was able to avoid the clients from having a misdemeanor criminal record altogether by merely paying a fine.

Even more important, the first task Ken looks to regarding any drug charge is the actions of law enforcement in accosting you in the first place. California law enforcement is notorious for ?pushing the envelope? of our citizens? 4th Amendment Constitutional rights (i.e. illegal searches)

Possession of a Controlled Substance:
In order to convict a defendant of a possession drug offense, the prosecuting attorney must prove:

1. An accused person exercised control over (or the right to control) an amount of a controlled substance;
2. The accused knew of its presence;
3. The accused knew the nature of the controlled substance; and
4. The substance was in an amount sufficient to be used as a controlled substance.

Note that the accused person does not have to have the actual controlled substance on his person. It is sufficient for the accused to have ?control? over the substance or the right to exercise control. The law treats this as a constructive possession and it is just as viable a theory as if the accused person had actual possession.

Possession of a Controlled Substance for Sale:
In order to convict a defendant of a possession drug offense, the prosecuting attorney must prove:

1. An accused person exercised control over (or purchased) an amount of a controlled substance;
2. The accused knew of its presence;
3. The accused knew the nature of the controlled substance;
4. The substance was in an amount sufficient to be used for sale or consumption as a controlled substance; and
5. The accused possessed or purchased the controlled substance with the specific intent to sell it.*

*For instance, quantities that are often an amount sufficient for sales often lead the District Attorney?s office to file sales charges regardless of whether the defendant ever, in fact, intended to sell.

Even if you are charged with a felony, there is a possibility that you may be able to avoid serving time in custody. With these types of cases, it is perhaps more important than with other types of crimes that you get quality representation very early on. Ken Holder can then work with the prosecution to establish factors, which may tend to negate the sales nature of the charge and preclude a harsher punishment against you than is necessary.

Drug Diversion Programs:
Many possession offenders with little or no prior criminal history can avoid a conviction by making a pre-guilty plea under Penal Code Section 1000. Upon a successful completion of PC 1000, the offense is dismissed and therefore, our clients are able to keep their criminal records clean. Even if you are ineligible for PC 1000, a drug diversion program such as Prop 36 (Penal Code §1210) can still result in no jail time; and the charges can be expunged from their record after two years under Health and Safety Code Sections 11361.5 and 11361.7.