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Orange County Bar Association

Possession of a Controlled Substance

All Huntington Beach Cases heard at the West Justice Center, 8141 13th Street, Westminster, CA 92683-4576

The many young people who party in Huntington Beach unfortunately extend their consumption of intoxicating substances to illegal substances like methamphetamine, cocaine and heroin. Individuals walking down the street and appearing intoxicated may be stopped and subject to a sobriety test. If the officer who stops them is trained as a Drug Recognition Expert (DRE) then the person may be arrested for being under the influence of a controlled substance (not alcohol). Dilation of pupils is a clear sign someone may be under the influence of a controlled substance.

Huntington Beach drug possession clients may be eligible for all three programs for people with addiction problems. Penal Code Section 1000, Penal Code Section 1210 (Prop 36) and Drug Court.

For those charged with possession of a controlled substance under Health and Safety Code Section 11377(a) or Health and Safety Code Section 11350(a) or Under the Influence of a Controlled Substance pursuant to Health and Safety Code Section 11550(a) there are a number of programs available which not only avoid jail time but also avoid a conviction. These programs do not apply to people accused of sales of a controlled substance.

The first program available for persons charged with Possession of a Controlled Substance is the Penal Code 1000 program. This is a program that last for 4 months and requires the Client to attend once a week for that 4 month period. After 18 total months with no new law violations the case is dismissed and the case can not be held against the client for any reason. Huntington Beach Controlled Substance Lawyer Will Bruzzo has successfully obtained the Penal Code Section 1000 program for many clients who have gone on to get their case dismissed.

If a client has already taken the Penal Code Section 1000 program or is other wise ineligible then he/she may be eligible for the Penal Code Section 1210 program (also known as Prop 36). If the client is accepted for the program he will have a conviction BUT the conviction can be dismissed after about 1 year if he/she successfully completes the program.

Huntington Beach Possession of a Controlled Substance Lawyer Will Bruzzo has successfully managed to get many of his clients into the Penal Code Section 1210 program. This program is a combination of Drug and alcohol counseling with periodic appearances in court to monitor progress. Drug testing is also a part of this program. Generally, a person can relapse up to three times and continue in the program. A fourth relapse could cause the person to go to prison. The court can make residential treatment available to the client at county expense for some clients. Psychiatric services are usually provided as well.

The third program available to those accused of possession of a controlled substance is Drug Court. This is a program administered by each county and the presiding judge has complete discretion over who is admitted. Generally people not eligible for the 1210 program or Penal Code Section 1000 go to drug court. This program is similar to the Penal Code Section 1210 program in that there is drug and alcohol counseling coupled with periodic appearances in court. Psychiatric services are also available along with the possibility of residential treatment. Huntington Beach Controlled Substance Lawyer Will Bruzzo has successfully admitted many clients into drug court. Contact the Law Offices of William W. Bruzzo for any possession of a controlled substance or under the influence case at (714) 547-4636.

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