Definition
Being Under The Influence
of a Controlled Substance under California Health and Safety Code Section 11550,
is as the name suggests.
The prosecution is able to
arrest and bring to court a trial for just arrested under the influence of a
controlled substance – even if the
defendant did not operate a vehicle.
Elements of the Crime
In order to take a Being Under
The Influence of a Controlled Substance CPC 11550 case to trial, certain
elements of the crime will have to be proven. These include:
·
That the
defendant was under the influence of a controlled substance
·
That the
defendant was aware that the substance taken was illegal
Additional Notes
Possible charges that may stem
from this crime include being in possession of a controlled substance. Examples
of these controlled substances include heroin, cocaine, methamphetamine and
several others.
Sentencing for California Health and Safety Code 11550
These penalties are to be
determined by a judge and he/she will make a decision based on the
circumstances surrounding the case.
When found guilty of Being
Under The Influence of a Controlled Substance, it is usually filed as either
a misdemeanor, with sentencing that
includes:
·
An
informal probation of up to 5 years
·
Up to
1 year in the county jail
·
Participating
in a drug counseling program
Legal Defenses for
California Health and Safety Code 11550
A good criminal defense attorney is able to present strong defenses for Being Under The
Influence of a Controlled Substance cases under California Health and Safety
Code 11550. Your lawyer can also pursue avoiding jail time by instead filing
for a drug diversion program – if eligible based on the type of controlled
substance used, the quantity used, the defendant’s criminal history, and
several other factors that would be examined.
To prove your innocence or to get the best
outcome for your case, MacGregor
and Collins has successfully defended numerous
Being Under The Influence of a Controlled Substance cases. Call (949) 250-6097 to speak to a California drug
crimes lawyer today.
Learn more about other California
Section Health and Safety Codes here.
