What are 5 Legal Defenses to HS 11351 Charges?

January 22, 2023

Health and Safety Code 11351 is a California law that prohibits the possession, transportation, sale, and manufacture of illegal drugs such as heroin, cocaine, and certain prescription drugs. If an individual is charged with a violation of HS 11351, they may face severe penalties such as fines and jail time.

However, there are several legal defenses that an individual may be able to raise in order to challenge a charge of violation of Health and Safety Code 11351. Some of the most common defenses include:

Illegal Search and Seizure

The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. If an individual can show that the drugs were discovered as a result of an illegal search or seizure, the evidence may be inadmissible in court and the charges may be dismissed.

Lack of Knowledge

An individual may be able to defend against a charge of violation of HS 11351 by showing that they did not know that they were in possession of the drugs. For example, if the drugs were found in a shared vehicle or in a shared living space, the individual may be able to argue that they did not know the drugs were present.

Entrapment

Entrapment occurs when a law enforcement officer or government agent induces an individual to commit a crime that they otherwise would not have committed. If an individual can show that they were entrapped into committing a violation of HS 11351, the charges may be dismissed.

Insufficient Evidence

In order to be convicted of a violation of Health and Safety Code 11351, the prosecution must prove their case beyond a reasonable doubt. If the prosecution does not have enough evidence to prove that an individual was in possession, transported, sold, or manufactured the drugs in question, the charges may be dismissed.

Prescription Medications

In some cases, an individual may be charged with violation of Health and Safety Code 11351 for possessing prescription drugs that were not prescribed to them. If the individual can show that the drugs were prescribed to them and that they were in possession of the drugs for their personal use, they may be able to avoid conviction.

Call Us for Help in Southern California

It is important to note that each case is unique and that the outcome of a case depends on the specific facts and circumstances of that case. It is crucial that individuals who are facing charges of violation of Health and Safety Code 11351 seek legal representation as soon as possible, as a conviction can have serious and long-term consequences.

If you’re being accused of a drug crime, then call the Law Offices of John D. Rogers today. Contact us to schedule a free confidential consultation to discuss your options. Attorney John D. Rogers is a board-certified criminal law specialist by the State Bar of California. He routinely represents clients charged with drug crimes in both state and federal court throughout southern California.  

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