HS 11353 Adult's Employment of Minor for Unlawful Transactions

Fresno Criminal Defense and Narcotics Crimes Defense Lawyer Jonathan Rooker can help you.  Have you been accused of using a minor to conduct drug sales or purchases?  Are you being prosecuted for providing drugs to a juvenile?  Giving drugs to a Minor, Distribution of narcotics to a juvenile, Employing a Juvenile to distribute narcotics

Narcotic Offense in the Central Valley?

The Fresno, Madera, and Tulare County areas are notorious as high trafficking areas for narcotics.  The "99 Corridor" which consists of Highway 99 has long been used to transport narcotics, and precursors of narcotics for distribution and manufacture.  The rural farm land that comprises the Hanford, Fresno County, Kings County, Visalia, Tulare County, and Madera County areas each hold title to being common sites for manufacture and distribution of narcotics.

Distribution of narcotics by adults carries harsh penalties.  Many distributors began using minors to distribute narcotics for them, as minors generally receive less harsh sentences than the their adult counterparts.  The legal system has created legislature that punishes these individuals for precisely this activity.  Sometimes, this law ends up punishing adults who are innocent, due to minors blaming adults to avoid punishment themselves.

If you have been accused of providing narcotics to minors for distribution, you may want to consult with an experienced criminal defense attorney who can review you case with you and properly advise you on how t proceed.

HS 11353 Adult's Employment of Minor for Unlawful Transactions

Every person 18 years of age or over, (a) who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that the minor shall violate any provision of this chapter or Section 11550 with respect to either (1) a controlled substance which is specified in subdivision (b), (c), or (e), or paragraph (14, (15), or (20) of subdivision (d) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, (b) who hires, employs, or uses a minor to unlawfully transport, carry, sell, give away, prepare for sale, or peddle any such controlled substance, or (c) who unlawfully sells, furnishes, administers, gives, or offers to sell, furnish, administer, or give, any such controlled substance to a minor, shall be punished by imprisonment in the state prison for a period of three, six, or nine years.

What are the elements of HS 11353?

1.  Defendant voluntarily solicited, induced, encouraged, or intimidated a minor, to commit an act or engage in conduct that violates the provisions of the Health and Safety Code.

2. At the time, minor was a person under eighteen years of age.

3.  In so doing, defendant specifically intended that minor should commit an act or engage in conduct that would violate the provisions of the Health and safety Code.

4. Defendant who solicited who solicited was eighteen years of age or older.

Can I go to prison if I am convicted of violating HS 11353 and providing narcotics (drugs) to a minor?

Yes, you can be sentenced to 3, 6, or 9 years in State prison if you are convicted of violating this Health and Safety Code, Section 11353.

Is a violating of HS 11353 considered a Strike under the 3 Strikes Law?

Yes, a violating of HS Code Section  11353 is considered a Strike under the 3 Strikes Law.

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.