Possession of Heroin
Being charged with heroin possession can make for a trying period. Not only is it humiliating, but it is also distressing. If convicted, you could face prison time and a criminal record. Your freedom and your future are on the line! Don't wait and get help from a reliable criminal defense attorney as soon as you can.
At The Law Offices of Daniel E. Kann, our experienced drug crime defense lawyers always place our clients first. We don't just process criminal cases like paperwork; rather, we invest our best efforts into each and every case and maintain close relations with all of our clients. Let us start fighting on your behalf today so you can secure a better tomorrow. To learn more about your rights and options in a free comprehensive consultation, call (888) 744-7730.
Drug Cases We Handle:
- Drug Diversion/Prop. 36
- Drug Manufacturing
- Drug Possession/Possession of a Controlled Substance (HS 11350)
- Drug Sales/Transportation (HS11352)
- DUI/Drugs (VC 23152(a))
- Felony Drug Charges
- Marijuana Cultivation (HS 11358)
- Marijuana Sales (HS 11360)
- Medical Marijuana/Compassionate Use Act (HS 11362.5)
- Misdemeanor Drug Charges
- Possession for Sale (HS11351)
- Possession of Cocaine
- Possession of Ecstasy
- Possession of Heroin
- Possession of Marijuana (HS 11357)
- Possession of Meth (HS11377)
- Possession of Paraphernalia (HS11364)
- Under the Influence (PC 11550)
California Heroin Possession Law
According to Health and Safety Code 11350, California's "personal possession of a controlled substance" law, possession of heroin is classified as a felony. A conviction can result in a prison sentence of 16 months or even 2 or 3 years in prison, in addition to a maximum $20,000 fine; however, such harsh penalties are hardly ever passed down. Most face probation and a short jail sentence. With the right legal representation, you may be able to circumvent criminal penalties altogether and receive treatment instead.
What Are Possible Alternative Sentencing Options?
For the most part, the court understands that heroin possession is a non-violent crime that should be met with rehabilitation rather than punishment. They may offer you the following alternative sentencing options in place of criminal penalties:
- Under Proposition 36 you may be required to participate in a one year program of probation and treatment. Depending on what the Department of Health thinks is best, you may be assigned to inpatient or outpatient treatment.
- A Drug Court may order you to attend counseling, treatment and other programs, all while subjecting you to periodic judicial reviews.
- If you're a first-time offender, you may opt for Deferred Judgment and have your case dismissed, that is, if you can remain arrest free for a set probationary period.You should discuss your options with a local attorney to determine the path that works best for you.
Possible Legal Defense
If you were possibly subjected to unethical and/or illegal police behavior during your arrest, we may be able to build you an effective legal defense based on one or more of the following factors:
- The police violated your rights under the Fourth Amendment (search and seizure);
- You were the victim of entrapment, as defined by California Penal Code 647(a);
- The police coerced a confession from you;
- The police fabricated evidence against you; or
- Excessive force was involved in your arrest.
Using the above legal arguments, we may be able to exclude any unlawfully obtained evidence from the proceedings by filing a Penal Code 1538.5 motion to suppress evidence.
Call (888) 744-7730 Now
Attorney Daniel E. Kann and his associates have helped people from all walks of life fight against criminal charges and retain their quality of life. Please let us do the same for you and contact us today. We have multiple locations throughout southern California.