Question from J, Can I Request a Personal Use Charge Under California Law if Charged with Violation of Section 11351?
Answer from AI:
Under California law, Health and Safety Code Section 11351 prohibits possession of controlled substances for sale. If you’re charged under this section, it means the authorities believe you intended to sell the substances found in your possession. However, if you believe the substances were for personal use, there may be options available to you.
Understanding the Charge
Firstly, it’s important to understand the difference between possession for sale (Section 11351) and simple possession (Section 11350). The former is a felony and carries more severe penalties, while the latter is generally considered a misdemeanor, especially for first-time offenders.
Discussing with the District Attorney
You can’t directly ask the District Attorney (DA) to change your charge, but your attorney can negotiate with the DA on your behalf. They can present evidence to show that the substances were for personal use, not for sale. Factors that may support your claim include:
- The small amount of the substance
- The absence of paraphernalia typically associated with drug sales (e.g., scales, baggies, large amounts of cash)
- Your clean record
Diversion Programs and Plea Bargains
In some cases, you might be eligible for a diversion program or a plea bargain. Diversion programs, such as those under Penal Code Section 1000, allow eligible defendants to complete drug education or treatment programs instead of serving jail time. If you successfully complete the program, the charges may be dismissed.
A plea bargain, on the other hand, involves pleading guilty to a lesser charge, such as simple possession, in exchange for a lighter sentence.
Legal Advice
It’s crucial to consult with a legal professional who can provide personalized advice based on the specifics of your case. They can guide you through the process, negotiate with the DA, and help you explore all possible defenses and options.
Remember, this information is a general guide and not legal advice. Laws can change, and legal procedures can vary depending on the specifics of your case and jurisdiction. Always consult with a legal professional for advice tailored to your situation.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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