March 14, 2018 6:11 am Published by

Health and Safety Code Section 11370.1 – Possession of a Firearm Related to a Controlled Substance of Narcotics Case

If someone has narcotics and they’re selling them or for some other purpose, and they also have a firearm, this is an added enhancement that the prosecutors can file against the person and obviously, this would bring a prison sentence and serious ramifications. In criminal law, especially in California and Los Angeles in particular with a lot of gun violence is occurring on a daily basis, if somebody is found with illegal narcotics and a weapon, then they can be charged pursuant to Health and Safety Code Section 11370.1 and be given additional time in custody based on possession of the firearm and the narcotics at the same time.

What are some Defenses to a Violation of Possession of a Controlled Substance with a Firearm?

One thing 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 and they find a gun, will try to manufacture that the gun and the narcotics were close to each other, because that’s really the test. If there’s narcotics found in one location and a gun found in a totally separate location away from narcotics, then the defense has an argument that the gun and the narcotics are not associated together, and 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 in order 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 attorney can show that the firearms and the drugs are not being utilized together, and the more effectively it can be shown that the policy behind this serious enhancement is not being fostered by sending you to prison for a long period of time, the better chance you have when it comes to these cases.

What is the Strategy when it comes to a Violation of Related to Controlled Health and Safety Code Section 11370.1?

What I have you do is come in. We sit down. We go over all the details of the case. I always ask that you’re honest and you give me all the facts so that I can really assess what you’re up against, what your defenses are and what the most effective course of action is for you. Once you give me everything, then you and I talk about it and we’ll decide what the best plan is. I’ll let you know exactly what you’re up against, which helps give you some peace of mind and some control of your case and I’ll also let you know what you can do to assist me in getting you the most effective resolution possible.

Really, what we’re aiming to do here is to get you out of the legal system as quick as possible. Criminal defense and criminal justice are very difficult situations because the prosecutors and the judges have so much power and the stigma associated with even being charged with a crime is significant. So, you are going to need somebody to guide you through this sometimes-perilous system and get you the best possible results based on the facts of your particular case.

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