My charge is under the influence of a controlled substance, never been in trouble before,. The person w me had a pipe

Asked over 1 year ago - San Jose, CA

I did not know this, well the cop keep saying it was mine and finally when the person took resp, the cop arrested me for under infl. What am i facing?..and can i fight this as if not to have it on my record. I cannot have this with my job ( currently on leave due to this) I am clueless, can u give me any idea of my chances are,
thank you

Attorney answers (4)

  1. Vijay Dinakar

    Pro

    Contributor Level 17

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    Answered . Hire an aggressive attorney to fight this bogus charge. I understand the notion of constructive possession but this sounds like a beatable case. Good luck

  2. Cameron Herl Day

    Contributor Level 6

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    Lawyers agree

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    Answered . 1) You may be able to fight the charges, depending on the facts of your case. You should consult a lawyer and go from there. Either an experienced private attorney or, if you cannot afford one, a public defender would serve your needs well in an under the influence (HS 11550, I assume) case.

    2) If you have no prior record and your HS 11550 charge was not accompanied by other criminal charges, you may be eligible for Deferred Entry of Judgement. The DA will let you know if you are eligible for DEJ. This is a program where the prosecution of the case is delayed pending your completion of a 18 month program. Assuming you complete the program, your charges are dismissed.

    Either way, you should consult an experienced criminal attorney and have them analyze the facts of you case. Good luck!

  3. Nicholas Milan Loncar

    Pro

    Contributor Level 17

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    Lawyer agrees

    Answered . I agree with Mr. Day that you should at least consult with an attorney. Unless you admitted to being under the influence, you'll be able to dispute the officer's "observations"

  4. Stephen Troy Allen

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Did they take your blood? If not, I do not believe they could prove the elements of a HS11550 unless you made some admissions and an experienced DRE evaluated you. In any event, have an attorney review the reports to see the reason for the stop, etc. If you did not do PC1000 for whatever reason, the statutory minimum for this charge is 90 days county jail (work release). Get an attorney.

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