Nearly everyone knows that it is against the law to possess, distribute, and use drugs such as heroin, cocaine, methamphetamine, and others. Many, however, are surprised to discover that California law also specifically prohibits being under the influence of a controlled substance—and not just when a person is driving. Under Section 11550 of the California Health and Safety Code, it is a misdemeanor offense to be under the influence of a controlled substance, and the penalties for a conviction could include jail time.
At Fuller Law Firm, we know how important it is to take drug-related charges seriously, including charges of being under the influence of a controlled substance. Our team understands the impact that a drug conviction can have on your life, and we have the resources and legal knowledge to help you protect your rights and your future.
According to the California Health and Safety Code, a person can be convicted of being under the influence of a controlled substance if prosecutors can show that the person willfully used a controlled substance a short time before his or her arrest or that the person showed signs of being under the influence of a controlled substance at the time of arrest. Unfortunately for many defendants, the law is quite vague, and courts in California have disagreed over what "a short time before arrest" means in the eyes of the law. There have even been cases in which a person was convicted under this statute for using an illegal drug within five days of being arrested.
If you have been charged with using or being under the influence of a controlled substance, you face up to one year in jail for a conviction. You could also be placed on probation for up to five years. With so much at stake, it is important to have a skilled criminal defense attorney on your side.
Attorney Cory Fuller is a San Jose drug crimes defense lawyer with more than a decade of experience in handling all types of drug charges. He and his team understand that there are many factors that must be considered in any drug-related case. When you choose our firm, you get more than an attorney; you get an advocate who understands that you are a real person with real problems and concerns. We know that good people can make poor decisions from time to time and that everyone deserves a second chance.
Our team will meet with you to discuss your situation, including any mental or behavioral health issues that could be affecting you. We will explore your eligibility for drug diversion programs and other options that might be available to help you avoid a conviction. You can depend on us to protect your rights and best interests every step of the way.
Any type of drug charge is a serious matter. If you or a loved one is facing drug-related charges, you need legal help right away. For more information about our firm and how we can assist you and your family, contact our office. Call 408-234-7563 for a free, confidential consultation and case review today. Fuller Law Firm serves clients in San Jose, Palo Alto, Gilroy, Fremont, Alameda County, Santa Clara County, and the surrounding areas.