HS 11370.1 HS describes the crime of possession of a firearm related to a controlled substance or narcotics. Suppose someone has drugs, and they're selling them or for some other purpose, and they also have a gun. In that case, selling them or for some other purpose and having a firearm is an added enhancement that the prosecutors can file against the person. This would bring a prison sentence and serious ramifications.

In criminal law, especially in California, a lot of gun violence occurs daily if somebody is found with illegal narcotics and a weapon. They can be charged under Health and Safety Code 11370.1 HS and be given additional time in custody based on possession of the firearm and the narcotics at the same time.

Defenses to Possession of a Controlled Substance with a Firearm

I see a lot over the last twenty-five years of dealing with narcotics cases, guns cases, and both together is that sometimes the police – when they execute a search warrant on a house – and they find narcotics. They find a gun and try to manufacture that the gun and the drugs are close to each other because that's the test.

Suppose narcotics are found in one location, and a gun is found in a separate area away from narcotics. In that case, the defense argues that the weapon and the narcotics are not associated together. Therefore, this Health and Safety Code section cannot be utilized to enhance somebody's sentence.

So, if you can show that, maybe it's not your gun – it's somebody else's gun – and that the gun is not with the narcotics, then really the policy behind this is to stop people who are dealing drugs from using deadly force to protect their drugs or even to steal drugs from other drug dealers or do other things that are illegal related to firearms and drugs.

So, the more effectively your criminal attorney can show that the firearms and the drugs are not being utilized together, the more effectively it can show that the policy behind this serious enhancement is not being fostered by sending you to prison for an extended period, the better chance you have in these cases.

Strategy for a Violation of Health and Safety Code 11370.1

When you come in, we'll discuss all the details of your case. Your open and honest communication is crucial, as it allows me to fully understand your situation, assess your defenses, and determine the most effective course of action for you. Your input is invaluable in building your defense.

Once you've shared all the details, we'll discuss and decide on the best plan. I'll provide you with a clear understanding of your situation, which will help give you some peace of mind and a sense of control over your case. I'll also explain how you can assist me in building the most effective defense possible. As your attorney, I'm here to guide you through the legal process, advocate for your rights, and work toward the best possible resolution for your case.

Our primary objective is to guide you out of the legal system as quickly as possible. While criminal defense and justice can be intimidating due to the substantial power held by prosecutors and judges, and the stigma associated with being charged with a crime, with the right guidance, we can strive towards the best possible outcome for your case based on its unique circumstances.