Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
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Prescription Drugs (Health & Safety Code 11350 and 11351 HS) are illegal to possess without a proper prescription. Any individual may face prescription drug charges for any prescription drug they are in unlawful possession of.
In the State of California prescription drug charges are taken very seriously, with law enforcement agencies cracking down on drug users, it is common for people who are legitimately using prescription drugs for their intended use to be treated as criminals. Sometimes individuals were prescribed a strong prescription for pain and became addicted to it, once their doctor stops prescribing these drugs the patient will look for other ways to obtain the drug, such as prescription fraud or doctor shopping.
People facing prescription drug charges are usually regular law-abiding citizens who could have become addicted to prescription drugs after a medical problem, these people deserve proper representation in court. A criminal defense attorney can help you get unnecessary drug charges dropped and will assist you in getting the help you need to overcome your addiction.
If you are being charged with a prescription drug crime you could be facing some strict penalties, ranging from large monetary fines to serving time in a state prison. Prison time and fines are based upon the crime you are charged with, the amount of the prescription drug you were in possession of, and if the possession was for personal use or you intended to sell the drugs. If you are only being charged with personal possession you may be eligible for a drug diversion program, in which you can attend a drug rehabilitation program instead of serving prison time. Drug diversion programs usually lead to the charges against you being dismissed.
Having proper representation when facing drug related charges is important. Being convicted of a drug crime can have serious consequences and can hurt your reputation. Having an experienced by your side during this difficult time will allow you to handle this situation in the best possible way.
At the Law Offices of David Chesley, we have the best attorneys in Southern California. Contact us with any question or concerns regarding your criminal charge, our lines are open 14 hours a day, 7 days a week and a legal professional is waiting to speak with you.
Health and Safety Code 11350 HS
(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(c) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant' s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(d) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service.
(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.
(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.
Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
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