In California, when a person is found to be in possession of illegal drug paraphernalia they can be charged with violating California Health and Safety Code 11364 HS. This law applies to anything that a person could use to unlawfully smoke or inject a controlled substance.
More often than not, this charge is applied to those who are found in possession of drugs as well as paraphernalia to smoke or inject those drugs. Instances in which defendants are found in possession of a controlled substance and paraphernalia make it easier for prosecutors to prove that the devices in question were intended to be used for consuming illegal substances.
WHAT DEVICES COULD RESULT IN AN HS 11364 CONVICTION?
11364 HS could be applied to a wide variety of different items. Some of the most common include pipes, syringes or hypodermic needles, and cocaine spoons. Depending upon your circumstances, prosecutors may charge you with an HS 11364 violation for being in possession of common household items.
If certain items are found near illegal substances, prosecutors could make the argument that you were planning to use those items to consume controlled substances.
HOW DO I AVOID BEING CONVICTED?
Bob lives in a broken-down home with several tenants that regularly use heroin. On any given day, Bob and his roommates can be found in the house living room preparing their fix and helping each other administer the drugs. One day, police officers enter the home with a warrant, but the only person home at the time is Bob. The officers find drug paraphernalia items in the living room and proceed to charge Bob with violating HS 11364. Although Bob explains that the drugs and paraphernalia are not his, the police charge him anyway. Bob should be able to be acquitted since the drugs and paraphernalia are located in a room shared by all of the tenants.
There are other instances where the person charged with violating HS 11364 is unaware that the objects confiscated are tools for using illegal drugs. This particular defense is most successful when the defendant does not have a history of drug possession, sales, or transportation.
Another situation that could help a defendant avoid a conviction is one in which he or she was unaware the paraphernalia was present. This can happen if you borrow someone else’s clothing or car. If the drug paraphernalia belongs to someone else and you have some sort of evidence to help support this claim, you may be able to avoid a conviction.
One situation that has become increasingly common instances in which police officers fail to adhere to the laws governing police investigations resulting in an unlawful search and seizure. If your arresting officer broke any laws during the course of their investigation that resulted in your HS 11364 charge, you may have the ability to have your charges dismissed.
WHAT ARE THE PENALTIES FOR VIOLATING 11364 HS?
If you successfully complete the program and avoid probation violations the judge will dismiss your charges. If you fail to complete your diversion program, you may be ordered to serve time in jail for your offense. The chances that you have been charged with this offense without any other charges are slim. Those who are charged with health and safety code 11364 often face charges of possession, sales, trafficking, and other offenses as well.
HOW OUR DEFENSE ATTORNEYS CAN HELP YOU
Those facing charges for violating Health and Safety Code 11364 are invited to contact our law offices by calling A Newport Beach Drug Crime Lawyer at the Law Offices of Randy Collins can provide you with a free case evaluation to help you determine what options are available for your California drug crime as well as what steps you can take to help ensure your freedom.
Let us use our 40 years of combined drug crime defense legal experience to help you avoid a conviction and move on with your life.