Legal Question in Criminal Law in California
I was recently cited for a violation of California's Health and Safety Code 11532 (loitering with intent to purchase narcotics). This violation is apparantly a misdemeaner. I pulled into a shopping center parking lot in a questionable part of town in Santa Ana, CA to look for a restroom. I got out of my car and started to walk across the parking lot towards a market, when a police officer pulled up and waved me over to him. Without thinking twice, I walked over to the officer to see what he needed. He got out of the car, turned me around, handcuffed me, and searched me without giving me a reason why. I had no money, wallet, or anything AT ALL in my pockets. After 30 minutes of harassing me and trying to get me to "confess" he released me and cited me for a violation of California's Health and Safety Code 11532. My question is: What are the possible punishments for this violation? And is there a possible defense?
4 Answers from Attorneys
Based upon what you have told us, there does not seem to be sufficient evidence to convict you unless you actually did confess. Your lawyer may be able to get the case dismissed at your preliminary hearing. That assumes, though, that the officer will describe the arrest the same way you do.
They must be able to prove beyond a reasonable doubt that you had the intent to engage in a narcotics transaction... to the exclusion of all other reasonable possibilities. I don't know what they think they have against you, but based on what you wrote, you do appear to have a good defense.
The specifics - time of day, your specific actions, the conduct of others, and even examining the officers' conduct for possible entrapment issues need to be explored with your attorney. I handle many cases out of Central Court in Santa Ana where your case is headed. Let me know if you want to set up a meeting to discuss further representation.
first, there is no preliminary hearing for a misdemeanor. I believe that the story you relayed is your defense coupled with evidence that you do not do drugs and the absence of a prior record of drug related offenses. The D.A. may dismiss this in the interests of justice on the grounds that they cannot meet their burden.
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