Legal Question in Criminal Law in California

Guilt without knowledge or intent??

A new California law, HS11377(B)(2), was enacted on January 1, 1999 that made it a misdemeanor to possess ketamine HCL. On January 8, 1999 I was arrested for possessing a small amount of this substance. No notice of this new law was ever given in the media of the county where I was arested. I had no knowledge of this new law nor did I have any intent to violate the law. I had been using ketamine for medicinal purposes since 1980 legally, and without any notice I suddenly became a criminal. Since then I've obtained prescriptions from both Mexican and California doctors.

When I was arrested, I was incorrectly, intentionally, charged with a felony which was changed to a misdeameanor seven months later. The $15,000.00 felony bail was not reduced and I'm still being threatened with six months in jail because I won't plead guilty. Help?


Asked on 4/11/00, 6:17 am

1 Answer from Attorneys
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Guilt without knowledge or intent??

Ignorance of the law is not a defense. When new statutes are enacted they become the law of the state. The government is not required to notify you in person or via the media that your activity is no longer legal. You still have rights and there is certainly something that can be done to help you. Call us at 1-800-327-4652 for a free consultation. We can help you.

Read more
Answered on 4/24/00, 9:22 pm


Related Questions & Answers

More Criminal Law questions and answers in California