HS 11370.1 HS outlines the severe implications of possession of a firearm in connection with a controlled substance or narcotics. If an individual is found with drugs, whether for sale or any other purpose, and also in possession of a firearm, this could lead to enhanced charges. Prosecutors can file additional charges, leading to a prison sentence and other severe consequences.

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, gun cases, and both together, is that sometimes the police, when they execute a search warrant on a house, find narcotics. They find a gun and try to make it so 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. 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 engage in other illegal activities related to firearms and drugs, such as armed robbery or assault.

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 not just crucial, it's invaluable. It allows me to fully understand your situation, assess your defenses, and determine the most effective course of action for you. Your input is a key part of building your defense.

Once you've shared all the details, we'll review and discuss 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, such as providing alibis or character witnesses. 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 help you navigate the legal system as efficiently as possible. While criminal defense and justice can be intimidating, with the right guidance, we can strive for the best possible outcome in your case, tailored to its unique circumstances. Remember, our goal is to work towards a resolution that is fair and just for you.