If you have been charged, arrested, cited, or indicted for a drug or narcotic offense, call Fresno Criminal Defense Attorney Jonathan Rooker
Have you been arrested or charged with Possession of Cocaine, Possession of Methamphetamine, Possession of Crack Cocaine, Possession of Heroin, Possession of PCP, Possession of LSD. Possession of Vicodin, Hydrocodone, Oxycodone, Soma.
Possession of Vicodin (Hydrocodone), Oxycodone, and Codeine are very common offense in Fresno and the greater Central Valley.
H & S 11350 Unlawful possession - Punishment, Fine, Conditions of Probation
HS 11350(a) Except as otherwise provided in this division, every person who possesses
(1) Any controlled substances specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraphs (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, or IV, of V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivisions (e) of Section 11054 shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(c) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(d) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at lease one thousand dollars ($1,000) or community service.
(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.
(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine,.
It is important to remember that giving, loaning, sharing or possessing even a single tablet of Vicodin, oxycodone, or any of the other listed narcotic can be a serious felony offense. If you have been charged with possession of a narcotic without a lawful prescription, then you should consult with an attorney regarding your case.
Drug offenses are a serious offense under the terms and guidelines of the Health and Safety Code. The good news is there are several options for a person accused of these offenses under the Penal code, particularly PC 1000, Prop 36 Drug Court Diversion program, and even conditional sentences is some cases. Traditional defenses still apply, such as not enough evidence to convict, or that the drugs were only possessed to destroy or turn them in to authorities, such as a parent who takes away their minor age child's narcotics to turn them over to the police. Other times people get forced into situations, or end up in unfortunate situations where criminal charges occur. I can help.