What does the charges H.S.11634 and H.S.11550 stand for and what is the sentencing for these charges

Drug Paraphernalia is Health and Safety Code 11634 and is the lesser of the charges here. H.S. 11550 is under the influence of a controlled substance. The minimum amount of jail is 90 days. However, a defendant is eligible (assuming it's these charges only) for Penal Code 1000 diversion or Prop 36. Generally, PC 1000 is for the first-time drug offender. The defendant can do classes and after a period of time, generally 18 months, the case is dismissed and your record sealed. Prop 36 probation is basically the same thing, but does not result ina sealing of your record. The case is dismissed, but not sealed like it is for PC 1000. If a defendant violates the terms of diversion and/or probation, the minimum amount of jail for the H.S. 11550 is 90 days and the court will probably place the defendant on probation.

Health & Safety Code section 11364 makes it illegal to posses drug use paraphernalia like a methamphetamine pipe. The maximum sentence is 6 months in jail and a fine of up to $1000. Section 11550 makes it illegal to be under the influence of an illegal drug. Depending upon whether you have been previously convicted of this offense, the custody maximum varies from 1 year in the county jail to 4 years in the state prison. The statute also calls for a mandatory jail sentence of at least 90 days. The fine is also up to $1000. Michael McKneely, Attorney at Law (559) 464-5294 2014 Tulare Street, Suite 310 Fresno, California 93721

Both are misdemeanors. 11364: 0-6 months. 11550: 3-12 months. Deferred entry of judgment and Proposition 36 are options.