What are the likely penalties for a 11550(A) HS charge–intoxication of a controlled substance? What is common for first offense?

Criminal Defense 2 views 5 answers
I was arrested for what I thought was alcohol intoxication but later learned that police response was prompted by a complaint about me knocking over street cones. A urine test showed positive for something I took on a whim earlier that night. Q. Would it be beneficial to bring results of a recent drug test to the arraignment? There seems to be a range of possible penalties. Q. What is common for a first offense?

Attorney Answers

5
Elliot Zarabi ·
An 11550 has a minimum jail sentence of 90 days. But for someone who does not have a criminal history, PC 1000 is possible. PC 1000 is a diversion, which means you plea guilty, put off setencing for 18 months and if you complete the classes and everythhing else you are supposed to do , they will dismiss the case. However, there is a better alternative to that, that is pre-plea diversion. Also, if you have a good and valid defense, than you don't have to deal with any of that! Speak to an attorney and see what if anything you can do. Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720
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Paul Neuharth ·
If you are convicted of 11550 there is a mandatory lifetime registration as a narcotics offender under HS code 11590 in addition to 90 days. A reduced charge would not have these penalties. If you hire your own attorney you would not have to appear in court, the attorney can do it for you. The clean drug test would be beneficial as well as voluntary enrollment in a program for drug rehabilitation. Paul Neuharth, 619-231-0401
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Robert Driessen ·
You are looking at PC1000 or 90 day jail. I would suggest talking to an attorney. Robert Driessen
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David Boertje ·
If you are convicted, a mandatory minimum of 90 jails in jail unless you do the PC 1000 program or other drug treatment program. If you retain a lawyer and your only charge is a misdemeanor 11550(a), the lawyer can handle all court appearances and negotiations on your behalf without you having to appear in court. Speak to some criminal lawyers over the phone or in person as many offer free consultations. David M. Boertje, Esq. (619) 229-1870 www.boertjelaw.com
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David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
More beneficial than any clean drug test, bring a locally experienced quality criminal defense attorney to your arraignment to negotiate and/or fight your case to a reasonable outcome.
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