While it’s evident that a charge for possession of hydrocodone means that you’re being accused of possessing Hydrocodone, there’s a lot more to the charge than just that. It falls under Health and Safety Code 11350 and requires that a certain burden of proof be met by the prosecution in order to punish you for the offense. Hydrocodone is one of the many medications included in the United States Controlled Substances Act. It’s possible to legally possess Hydrocodone, but if you don’t have a prescription for it, it falls into the same category of drugs as heroin and cocaine.
The distinction between legal and illegal possession of Hydrocodone as a controlled substance is as simple as a prescription. If you didn’t have a prescription for the medication but knowingly possessed it, you’re going to face a possession charge, and only a good lawyer can help you make sense of the charge and successfully defend you against it. Even if you are guilty of the charge, having a lawyer can help you avoid steeper fines, prison time, and even a felony charge. Many judges in California are able to sentence people with prescription drug problems to treatment centers instead of prison, provided they don’t have any violent felonies on their record and it’s a first defense.
A 2014 referendum on possession of controlled substances reduced simple possession down to a misdemeanor, and it made certain qualified individuals able to be sentenced to a drug diversion program instead of jail. To qualify, it had to be a first offense and the participant couldn’t have been convicted of any violent charges. This has helped a lot of people convicted of possession keep their criminal records free of a felony so that they can later, after treatment, be more useful to society. A good lawyer can argue for this type of program for you and make it more likely that you will get into one, should you be convicted.
As a misdemeanor, there is a fine of up to $1,000 and a potential for 6 months in prison, although your lawyer may be able to get you into a drug diversion program or even have your charged dismissed altogether if you are a victim of a circumstance that makes you not guilty of the charges. Different judges tend to make different fines and punishments, but the great news is that things have changed in California over the years and now it’s more possible than ever before to defend against possession charges. An experienced lawyer or team of lawyers can confront a possession charge head on and defend against it if you give them the opportunity to do so.
You might not think that you can defend yourself against a possession charge, but a lawyer certainly can. There are a lot of defenses that they successfully use, including:
– Defendant was unaware drugs were present on their person or in their home
– Defendant simply didn’t possess the drugs as the state accuses
– Defendant encountered the drugs accidentally and planned to dispose of them
These are but three of the many defenses that lawyers can use to defend you against a hydrocodone possession charge. And there are many others that have been used successfully over the years. If a lawyer is unable to get the charge dismissed outright, they can then work to have you proven not guilty. And if that doesn’t happen, they can argue for probation, drug diversion, or treatment program as an alternative to prison in your case.
The first and best advice is always: Hire a lawyer! When you go into court to fight a possession charge, you’ll want a knowledgeable attorney by your side. They can advise you of the charges you’re facing, how you’re going to defend them, and what your options are for a plea bargain (if any). A lawyer will always work tirelessly on your behalf, and if they aren’t, then you need a new lawyer. If you need a lawyer to defend yourself against a possession charge, or if you’re unhappy with your current representation, it’s time to call on someone who will tirelessly defend you.
The Opium Poppy, classified techinically as the flowering plant “Papaver somniferum,” is the source of many of today’s modern narcotic pain killers. The plant has been used for medicinal purposes throughout most of human history. Today, chemical engineers work toward perfecting the practice of medicine by inventing new and improved drugs. One drug, Hydrocodone, was invented by one such chemist in the year 1920. It was eventually given the thumbs up by the United States FDA in 1943. Hydrocodone is a semi-synthetic opioid made from a naturally occurring alkaloid in the Opium Poppy – Codeine. Ever since its inception, it’s been used to treat a multitude of painful conditions. It is known as one of the most versatile narcotic pain killers, as it is potent enough to manage pain while minimizing adverse side effects that come with high doses of less potent opiates.
Today, Hydrocodone is known in culture by different brand names: Vicodin, Norco, Watson, Zohydro, and others. It’s even been popularized in modern television shows and movies. These brand names are simply a way for various companies to capitalize on society’s need for one particular commodity. In this case, the commodity is Hydrocodone. These pharmaceutical companies sell different admixtures and preparations of Hydrocodone based on the varying white-market demand. When used as directed, Hydrocodone is an invaluable asset to any doctor or patient’s pharmacopeia. However, when Hydrocodone is abused, people can find themselves in a lot more pain than they’ve originally planned.
Hydrocodone is rather like Morphine, although the two medicines are quite different to the trained eye. Either way, the dangers of Morphine addiction have been known since the 1800’s. Hydrocodone is certainly no less addictive, and is capable of precipitating severe withdrawal symptoms upon abrupt discontinuation. Dose tolerance and overdose are also a concern when considering Hydrocodone. Just like Morphine, there is a lethal dose of Hydrocodone which one could ingest that would heavily suppress one’s central nervous system to the point of death. This is why there is a panoply of legislation surrounding the possession, manufacture, and sale of Hydrocodone. For instance, it can only be prescribed by a medical doctor – it is not available over the counter. And, if one is found in possession of some form of Hydrocodone without a proper prescription, they face a number of very serious charges based upon the severity of the infraction itself. It’s a common misconception that more people die from illicit drug use every year as opposed to prescription medication. In fact, the opposite is true. How, then, can it be said that doctors do no harm if what they prescribe can kill? Thankfully, there are many, many more responsible, upstanding doctors in California than there are doctors willing to break legal protocol to make a quick buck.
At our law firm, we understand that drug abuse is, generally, more an issue of public health than an issue of criminal intent or activity. Our team of legal professionals know the State of California Health and Safety Code inside and out, and we guarantee that your case will be treated with the respect and common decency that you deserve. We pay attention to detail unlike anyone, anywhere else. Our goal is to make sure you reach the most positive and just outcome as you make your way through the wearisome legal system. At (firm name) we strive to make the world a better place one case at a time. Contact us for a consultation or appointment if ever you find the need.
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