Legal Question in Criminal Law in California

Can you still be charged for a HS11550 even if you stated to the arresting officer that, 'the use was NOT CURRENT (5-6 days ago) and that you are in a detox or "comming down" stage; reguardless if the drug may still be lingering in your system?


Asked on 9/18/10, 8:35 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Yes. What's more, when you spoke with the arresting officer you admitted your guilt. This is why suspects should not talk to the police without counsel.

The statute forbids using or being under the influence of various drugs. It does not require that a police officer actually sees the suspect either using the drugs or showing their effect. Besides, someone who is "coming down" is still under the drugs' influence, even though the actual high has ended.

It may still be possible to salvage your case or at least mitigate the damage you caused by talking to the police. You need to get a lawyer right away, and you need to stop talking about your case.

Good luck.

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Answered on 9/23/10, 8:54 am
Anthony Roach Law Office of Anthony A. Roach

Yes. I agree also with Mr. Hoffman's comments.

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Answered on 9/23/10, 9:26 am


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