The bright side is that there are a range of legal defenses to Health and wellness Code 11364 HS belongings of drug paraphernalia charges that an experienced California bad guy defense attorney can provide in your place. Below are examples of a few of the most typical.
Even if the item appears like something that can be utilized to inject or take in controlled substances does not always suggest that it really is. Possibly it’s a tool that you utilize to administer prescription drugs to your ill or hurt animal. Possibly it’s a pipeline that you utilize to smoke tobacco.
For you to be guilty of HS 11364 possession of drug stuff, the district attorney needs to show that you have drug stuffs Other things do not please this requirements.
You didn’t understand the item was paraphernalia.
Even if the cops do discover drug stuff in your possession, if you didn’t understand it was stuff, you aren’t guilty of breaching California’s drug paraphernalia possession law.
Plainly, this defense versus 11364 HS charges works finest for those people who do not have a criminal history– particularly a criminal drug history.
” In order to figure out whether you understand an item is “drug paraphernalia”, the court will think about any previous drug-related convictions, your declarations worrying its usage, specialist statement worrying the things’s usage, and how the things was shown for sale.” 14.
You didn’t understand about the stuff’s existence.
Once again, let’s state that the authorities do discover you in possession of stuff. If you didn’t understand you had it, you need to be acquitted of HS 11364 possession of drug stuff.
There are a limitless variety of circumstances where this defense to belongings of drug stuff charges could be appropriate. Somebody obtained your coat and left a pipeline in the pocket. Somebody left his drug spoon in your cars and truck under the guest seat. Somebody put a vial in your bag to prevent being captured himself.
HS 11364 and Associated Offenses.
Health and wellness Code 11364 HS California’s “possession of drug stuff” law is carefully related to a few other California drug offenses.
Health and Safety Code 11364.5 HS.
Health and Safety Code 11364.5 HS restricts running a service where drug paraphernalia is saved, showed, or cost usage with legal compounds other than when it is kept in a space that is unattainable to minors (that is, individuals under 18) who are not accompanied by a moms and dad.
If guilty of this offense, the owner does not deal with criminal charges however stands to lose his/her California service license or authorization. Furthermore, any drug stuff will be taken by and surrendered to the state.
If you or a loved one is accused of Health and wellness Code 11364 HS ownership of drug stuff and you are seeking to employ a lawyer for representation, we welcome you to get in touch with California drug attorneys at Randy Collins. We can offer a totally free assessment in workplace or by phone.