Legal Question in Criminal Law in California
Son was arrested for Possession of a Controlled Substance in California. What the penalty?
He is 18 and was arrested in his car for 1 tablet of Ecstasy. He was charged with 11377HS. This is his first offense for a controlled substance. What is the penalty? Does he need a lawyer?
1 Answer from Attorneys
Health and Safety Code section 11377 covers possession of controlled substances including methamphetamine and MDMA (ecstasy). It is a "wobbler" in California, meaning it can be charged either as a felony or a misdemeanor.
If this is his first offense and he is not otherwise ineligible, he will be afforded an opportunity to do a drug diversion program.
Of course, that assumes they can prove the case against him. Was the search valid? The detention and arrest legal?
He's facing criminal charges, so yes, he needs an attorney - either a privately retained one or a public defender if he qualifies.
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