Possession of A Controlled Substance, HS 11350 (Not for Sale; Oftentimes called “Simple Possession”)
A person is charged with Possession of A Controlled Substance (HS 11350) if they possess a controlled substance but it was not for sale. This is because they amount was smaller, or because there is no other evidence that this person was attempting to sell the drugs.
What the Prosecutor Needs To Prove To Convict Someone of Possession of A Controlled Substance, HS 11350
In order for the prosecutor to convict a persona of Possession of A Controlled Substance, HS 11350, they need to prove all of the following elements:
- The Defendant had control of the substance (the controlled substance does not need to be on the Defendant’s body; it could be in their car or backpack, for instance)
- The Defendant knew that the controlled substance was there.
- The Defendant knew that it was a controlled substance.
- The substance was in an amount that could be used.
Punishment for Possession of A Controlled Substance, HS 11350
For a conviction of Possession of A Controlled Substance, HS 11350, a person can be sentenced to a maximum of 1 year in county jail.
Strategies for Fighting A Charge of Possession of A Controlled Substance, HS 11350
Although there are many different defenses against a charge of HS 11350, the most common defenses are as follows:
- The Drugs Do Not Belong To The Defendant: Oftentimes, the drugs do not belong to the person being charged with the crime. For instance, the person borrowed a car from someone and did not even know that there were drugs in the car.
- There Was Not Enough Drugs For It To Be Considered Usable: If the police find a pipe, and there was only residue, than the person may be guilty of having drug paraphernalia (which is a lower charge), but not Possession of A Controlled Substance, HS 11350.
- The Search Was Illegal: Under the Fourth Amendment of the Constitution, we all have a right to be free from unreasonable searches and seizures. A police officer cannot simply search a person for no justifiable reason. If this is the case, then a motion to suppress must be filed to keep the bad evidence out.
- Other Ways of Dismissing the Case: It is always a good strategy to shoot for a dismissal in any criminal case. If the evidence is weak, then a criminal lawyer must fight it on those grounds. However, even if the evidence is strong, it is always a good idea to use other reasons to get an opportunity to earn a dismissal. For example, if the person facing charges does not have a criminal record, or if they have a great job and have a lot of good things going for them, we always see if we can get the case dismissed with a drug class and maybe some community service.
If you or a loved one has been charged with Possession of a Controlled Substance (HS 11350), call the Nghi Lam Law Firm and speak directly to a criminal defense lawyer. We care about our clients and fight very aggressively in court. We fight criminal cases in Orange County, Los Angeles County, Riverside County, and San Bernardino County. Call us at 213-235-7969 and we would be more than happy to advise.
