Health and Safety Code Section 11550(a) is the state statute in California that pertains to being under the influence of a controlled substance, without a valid prescription. Even though it is treated as a misdemeanor, the consequences are quite severe.
Sentence for HS 11550(a)
- Five year probationary term
- 90 days custody
- $909 fine
- Not use or possess a controlled substance without a valid prescription
- 4 th waiver
- AIDS education
- One year license suspension if under 21 years of age
- Register as narcotics offender per HS 11590
- Referral to the Substance Abuse Assessment Unit (SAAU)
- Drug testing when requested by SAAU, peace officer, or treatment provider
What To Do After Being Charged With HS 11550(a)
All of the consequences are serious, and the best way to protect your rights is to hire an experienced attorney that specializes in drug defense. For example, a motion can be filed under Penal Code Section 1538.5 to suppress the results of a drug test indicating the presence of the controlled substance. That is, if the stop, detention, and arrest were not based upon reasonable suspicion or probable cause, the results of that encounter may be inadmissible in court.
If the drug results are inadmissible, it is unlikely the district attorney will be able to proceed and prosecute the case. I have filed numerous search and seizure motions (1538.5) on behalf of my clients.
Moreover, a drug program may be an option – for example, PC 1000, Prop 36, or Drug Court. If a drug program is successfully completed, the charges may be eventually dismissed.
Contact Us For A Free Consultation!
Before you go to court unprepared about your constitutional rights, potential defenses, and possible drug treatment alternatives, contact my office today, and schedule a free consultation.