Legal Question in Criminal Law in California

I'm being charged with the following: HS11350a, BP4060, HS11375b2 (X2). I had a few prescriptions that were thrown together in a bottle. Some I have valid prescriptions that I can show to the court. Others I obtained in Mexico and do not have anything to show for them. What am I really facing here? What type of punishment can I expect?


Asked on 10/02/09, 6:46 am

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Assuming they are all prescription medications, but you just didn't have a valid prescription, it puts you in a little better position than if they were "street" drugs. H&S 11350 covers everything from cocaine and heroin to prescription opiates (oxycodone, etc). I assume the 11375(b) are for something like xanax or another similar classification of prescription drug.

You're facing a felony with the 11350 that cannot be reduced later to a misdemeanor, so either a motion to suppress the evidence or a deal that keeps these charges off your record are your best bet. You may be eligible for a drug program, but even if you're not, with an otherwise not too terrible record, there can be alternatives to a conviction and sentence.

Avoiding a felony conviction is first and foremost for you. Avoiding any conviction is a close second. What you can expect really depends on the facts of the case as set forth in the police reports. I practice in Orange County - let me know if you want to discuss representation.

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Answered on 10/02/09, 9:58 am

I agree with Mr. Dane. Your best bet is to get good legal representation fast (whether it's a private attorney or public defender). A good criminal defense attorney can help you sort out the situation and determine the best strategy moving forward taking into consideration all the facts.

Please let me know if you would like any more help with this.

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Answered on 10/02/09, 8:48 pm
Terry A. Nelson Nelson & Lawless

You're facing multiple felony counts with multiple years in prison if convicted. As indicated, the only advice that is worth anything is for you to get legal counsel who knows how and what to do to best represent you, using whatever credible facts and evidence you may have for motions and defenses at trial, if necessary. Most cases are 'plea bargained' to avoid the risk of loss at trial and mandatory sentencing upon conviction.. The attorney's job is to get a good 'deal' you can live with. If serious about doing this rights, feel free to contact me.

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Answered on 10/05/09, 2:31 pm


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