Drug Charges and Penalties in TennesseeStan Bennett
If you find yourself facing charges for one (or more) of Tennessee’s drug laws it is imperative that you take the matter seriously given the numerous judicial and non-judicial consequences of a conviction. Learn more about drug charges and penalties in Tennessee in this presentation.
Thomas P. Jackson is a Dallas divorce attorney with vast experience in Family Law. He has been practicing family law and trying lawsuits in Dallas and surrounding counties since 1982.
Mr. Jackson was primarily involved in Federal Income tax matters early in his career. Tom found that this background in accounting and financial matters gave him unique advantages over other Dallas divorce attorneys who were typically without such experience.
He is now 100% devoted to Dallas divorce, personal injury and business litigation cases. Call him today and receive a free consultation.
Drug Facilitated Sexual Assault Partners With Law EnforcementMedicalWhistleblower
Drug Facilitated Sexual Assault is poorly understood and often not adequately investigated. This program seeks to describe the reality of drug facilitated sexual assault and to point out ways to improve outcomes for victims, law enforcement and social service providers.
Compiled and designed by Mark Fullbright , Certified Identity Theft Risk Management Specialist™ (CITRMS) as a free service for consumers to protect themselves online and reduce their exposure to identity theft * Stay Safe, Stay Secure *
*Company names mentioned herein are the property of, and may be trademarks of, their respective owners and are for educational purposes only.
Drug Charges and Penalties in TennesseeStan Bennett
If you find yourself facing charges for one (or more) of Tennessee’s drug laws it is imperative that you take the matter seriously given the numerous judicial and non-judicial consequences of a conviction. Learn more about drug charges and penalties in Tennessee in this presentation.
Thomas P. Jackson is a Dallas divorce attorney with vast experience in Family Law. He has been practicing family law and trying lawsuits in Dallas and surrounding counties since 1982.
Mr. Jackson was primarily involved in Federal Income tax matters early in his career. Tom found that this background in accounting and financial matters gave him unique advantages over other Dallas divorce attorneys who were typically without such experience.
He is now 100% devoted to Dallas divorce, personal injury and business litigation cases. Call him today and receive a free consultation.
Drug Facilitated Sexual Assault Partners With Law EnforcementMedicalWhistleblower
Drug Facilitated Sexual Assault is poorly understood and often not adequately investigated. This program seeks to describe the reality of drug facilitated sexual assault and to point out ways to improve outcomes for victims, law enforcement and social service providers.
Compiled and designed by Mark Fullbright , Certified Identity Theft Risk Management Specialist™ (CITRMS) as a free service for consumers to protect themselves online and reduce their exposure to identity theft * Stay Safe, Stay Secure *
*Company names mentioned herein are the property of, and may be trademarks of, their respective owners and are for educational purposes only.
Because of the individual nature of a sentence, it is always best to consult with an experienced California criminal defense attorney. If you have specific questions about your sentence, however, a general overview of common probation sentencing terms and conditions may also be useful to you. Learn more about probation sentencing in California in this presentation.
Beyond Certification: Navigating Legal Situations as a Medical Marijuana Pati...Benjamin Gelassen, MBA
Topics Include: Maine Medical Marijuana Laws and Regulations. You will learn more about proper storage when traveling in a vehicle, and what is legal and illegal. The discussion aims to help anyone who may have questions or concerns using this medicine.
What drugs are prohibited for consumption during driving? Probe this presentation from Atty. Ross Goodman to learn of them. You can also read the blog version here: https://goo.gl/cekorr
8 Substance Abuse Counseling and Co-occurring Disorders CHAPTER OB.docxfredharris32
8 Substance Abuse Counseling and Co-occurring Disorders CHAPTER OBJECTIVES After reading this chapter, you will be able to:
1. Recognize substance dependence and substance abuse.
2. Know key diagnoses and definitions from the DSM-IV-TR.
3. Be aware of the various co-occurring disorders that are common to substance abusers.
4. Understand the various screening and assessment tools that are used in the treatment of substance abuse disorders.
5. Know the 12 core functions associated with substance abuse treatment.
6. Be aware of the impact that denial has on the addicted population’s prognosis.
7. Understand the dynamics of relapse prevention.
INTRODUCTION The prevalence of offenders suffering from substance use and abuse problems currently in the American Criminal Justice System is staggering. The massive increase in the number of convicted offenders suffering from substance abuse began in the 1980s and continues through the present. As Hanser (2006) points out, any informed discussion of drug offenders in the United States must begin with the war declared on drugs by the U.S. Government. As crack cocaine began to sweep through the nation in the early to mid-1980s an outcry shivered through the fabric of our society. Not only was the drug trade burgeoning and access to illegal substances becoming easier than ever, the violent crime rate was also increasing. A connection was quickly made between the expanding drug culture and the often violent incidents that occurred within its realm. This connection, along with societal upheaval, forced the government to take action in an attempt to rid ourselves from the evils and perils commonly associated with substance abuse and criminal behavior. The resulting action taken by federal and state lawmakers has been to draft laws aimed at corralling illegal substance–using offenders. And, law enforcement efforts have been somewhat successful—successful at least in its ability to arrest a sufficient amount of drug-related offenders so that nearly every correctional agency in America is at or beyond capacity. Once drafted these laws are enforced. In order to be enforced assets must be well equipped and mobilized. What is the primary ingredient for equipping and mobilizing assets? Money. As a country we have spent enormous amounts of money in attempt to halt the flow and usage of illegal substances. The money has primarily gone to two components of the criminal justice system: enforcement and corrections. Enforcement efforts are usually aimed at stopping the flow of illegal substances from entering our country; arresting those transporting and distributing illegal substances after they have entered the country; as well as, arresting those found to be using illegal substances. Enforcement efforts are carried out by a multitude of law enforcement agencies ranging from federal to state and local jurisdictions. Once arrested these offenders then become the responsibility of correctional agencies, also operati.
Since drugs are prevalent in Nevada, the laws that regulate them are also pretty stringent. Learn more about it on this presentation or in this blog: https://goo.gl/1T1eqE
Criminal Law Compliance For Healthcare Professionals - Painkiller LawMeister Law Offices
Steve Meister, an attorney from Los Angeles, gives a detailed explanation of the Painkiller Law purpose which is to help healthcare providers and professionals to verify, achieve and maintain compliance with the criminal laws of prescribing controlled substances.
If you have been ordered to complete a term of Probation in California, it is imperative that you have a thorough understanding of what is expected of you while on probation and what can happen to you if you violate your probation. Learn more about probation in California in this presentation.
If you are sentenced to probation as part of your sentence it is important that you understand what probation means in California. Learn more about probation sentence in California in this presentation.
Criminal history has always been taken into account when determining a sentence. Learn more about three strikes sentencing in California in this presentation.
Defendants often accepts a probation only guilty plea without considering the long-term consequences of the conviction. Learn more about criminal conviction in California in this presentation.
In the United States, a defendant has an absolute right to appeal a guilty verdict. In addition, you may also be entitled to appeal the sentence you received. Learn more about appealing a criminal conviction in California in this presentation.
California Theft Crimes: Understanding the Offenses and PenaltiesDomenic J. Lombardo
Understanding the various theft offenses and the corresponding penalties is important if you have been charged with one. Learn more about California theft crimes in this presentation.
More Related Content
Similar to Prescription Drug Offenses and Penalties in California
Because of the individual nature of a sentence, it is always best to consult with an experienced California criminal defense attorney. If you have specific questions about your sentence, however, a general overview of common probation sentencing terms and conditions may also be useful to you. Learn more about probation sentencing in California in this presentation.
Beyond Certification: Navigating Legal Situations as a Medical Marijuana Pati...Benjamin Gelassen, MBA
Topics Include: Maine Medical Marijuana Laws and Regulations. You will learn more about proper storage when traveling in a vehicle, and what is legal and illegal. The discussion aims to help anyone who may have questions or concerns using this medicine.
What drugs are prohibited for consumption during driving? Probe this presentation from Atty. Ross Goodman to learn of them. You can also read the blog version here: https://goo.gl/cekorr
8 Substance Abuse Counseling and Co-occurring Disorders CHAPTER OB.docxfredharris32
8 Substance Abuse Counseling and Co-occurring Disorders CHAPTER OBJECTIVES After reading this chapter, you will be able to:
1. Recognize substance dependence and substance abuse.
2. Know key diagnoses and definitions from the DSM-IV-TR.
3. Be aware of the various co-occurring disorders that are common to substance abusers.
4. Understand the various screening and assessment tools that are used in the treatment of substance abuse disorders.
5. Know the 12 core functions associated with substance abuse treatment.
6. Be aware of the impact that denial has on the addicted population’s prognosis.
7. Understand the dynamics of relapse prevention.
INTRODUCTION The prevalence of offenders suffering from substance use and abuse problems currently in the American Criminal Justice System is staggering. The massive increase in the number of convicted offenders suffering from substance abuse began in the 1980s and continues through the present. As Hanser (2006) points out, any informed discussion of drug offenders in the United States must begin with the war declared on drugs by the U.S. Government. As crack cocaine began to sweep through the nation in the early to mid-1980s an outcry shivered through the fabric of our society. Not only was the drug trade burgeoning and access to illegal substances becoming easier than ever, the violent crime rate was also increasing. A connection was quickly made between the expanding drug culture and the often violent incidents that occurred within its realm. This connection, along with societal upheaval, forced the government to take action in an attempt to rid ourselves from the evils and perils commonly associated with substance abuse and criminal behavior. The resulting action taken by federal and state lawmakers has been to draft laws aimed at corralling illegal substance–using offenders. And, law enforcement efforts have been somewhat successful—successful at least in its ability to arrest a sufficient amount of drug-related offenders so that nearly every correctional agency in America is at or beyond capacity. Once drafted these laws are enforced. In order to be enforced assets must be well equipped and mobilized. What is the primary ingredient for equipping and mobilizing assets? Money. As a country we have spent enormous amounts of money in attempt to halt the flow and usage of illegal substances. The money has primarily gone to two components of the criminal justice system: enforcement and corrections. Enforcement efforts are usually aimed at stopping the flow of illegal substances from entering our country; arresting those transporting and distributing illegal substances after they have entered the country; as well as, arresting those found to be using illegal substances. Enforcement efforts are carried out by a multitude of law enforcement agencies ranging from federal to state and local jurisdictions. Once arrested these offenders then become the responsibility of correctional agencies, also operati.
Since drugs are prevalent in Nevada, the laws that regulate them are also pretty stringent. Learn more about it on this presentation or in this blog: https://goo.gl/1T1eqE
Criminal Law Compliance For Healthcare Professionals - Painkiller LawMeister Law Offices
Steve Meister, an attorney from Los Angeles, gives a detailed explanation of the Painkiller Law purpose which is to help healthcare providers and professionals to verify, achieve and maintain compliance with the criminal laws of prescribing controlled substances.
If you have been ordered to complete a term of Probation in California, it is imperative that you have a thorough understanding of what is expected of you while on probation and what can happen to you if you violate your probation. Learn more about probation in California in this presentation.
If you are sentenced to probation as part of your sentence it is important that you understand what probation means in California. Learn more about probation sentence in California in this presentation.
Criminal history has always been taken into account when determining a sentence. Learn more about three strikes sentencing in California in this presentation.
Defendants often accepts a probation only guilty plea without considering the long-term consequences of the conviction. Learn more about criminal conviction in California in this presentation.
In the United States, a defendant has an absolute right to appeal a guilty verdict. In addition, you may also be entitled to appeal the sentence you received. Learn more about appealing a criminal conviction in California in this presentation.
California Theft Crimes: Understanding the Offenses and PenaltiesDomenic J. Lombardo
Understanding the various theft offenses and the corresponding penalties is important if you have been charged with one. Learn more about California theft crimes in this presentation.
Only experienced California criminal defense attorney can review the facts of your case and provide you with advice about your eligibility; however, a basic understanding of the criteria for dismissal and the procedures involved may be beneficial in the meantime. Learn more about dismissing criminal conviction in California in this presentation.
Although white collar crimes are non-violent offenses. They are criminal offenses nonetheless and can be punished just as harshly as other, more well-know crimes; a basic understanding of some of the more common white - collar crimes might prevent you from unknowingly participating in one . Learn more about white collar crimes in California in this presentation.
When an appellate court reverses a trial court verdict, the case it usually sent back to the trial court for further proceedings. Learn more about applealing a criminal conviction in California in this presentation.
Common Defenses to a Driving Under the Influence Charge in CaliforniaDomenic J. Lombardo
Although each DUI prosecution presents a unique set of facts and circumstances. There are some defense strategies that are commonly used to defend a DUI charge. Learn more about DUI charge in California in this presentation..
only you can decide if you have the time to invest and are willing to take the risks involved in representing yourself in your San Diego criminal prosecution, however, it is usually not a wise idea after careful consideration. Find out in this presentation why.
There are ways to avoid a conviction in California in the first place or dismiss one if it is too late to avoid the conviction. Learn more about clearing a criminal record in California in this presentation.
When you have been convicted of driving under the influence in California, you lose your driving privileges. Let's look at the path you take to get your license back.
Whether you have been drinking or not, seeing the flashing lights in the mirror followed by questions about your alcohol consumption can be a frightening experience. Knowing what to expect can make it less frightening.
Ethanol (CH3CH2OH), or beverage alcohol, is a two-carbon alcohol
that is rapidly distributed in the body and brain. Ethanol alters many
neurochemical systems and has rewarding and addictive properties. It
is the oldest recreational drug and likely contributes to more morbidity,
mortality, and public health costs than all illicit drugs combined. The
5th edition of the Diagnostic and Statistical Manual of Mental Disorders
(DSM-5) integrates alcohol abuse and alcohol dependence into a single
disorder called alcohol use disorder (AUD), with mild, moderate,
and severe subclassifications (American Psychiatric Association, 2013).
In the DSM-5, all types of substance abuse and dependence have been
combined into a single substance use disorder (SUD) on a continuum
from mild to severe. A diagnosis of AUD requires that at least two of
the 11 DSM-5 behaviors be present within a 12-month period (mild
AUD: 2–3 criteria; moderate AUD: 4–5 criteria; severe AUD: 6–11 criteria).
The four main behavioral effects of AUD are impaired control over
drinking, negative social consequences, risky use, and altered physiological
effects (tolerance, withdrawal). This chapter presents an overview
of the prevalence and harmful consequences of AUD in the U.S.,
the systemic nature of the disease, neurocircuitry and stages of AUD,
comorbidities, fetal alcohol spectrum disorders, genetic risk factors, and
pharmacotherapies for AUD.
263778731218 Abortion Clinic /Pills In Harare ,sisternakatoto
263778731218 Abortion Clinic /Pills In Harare ,ABORTION WOMEN’S CLINIC +27730423979 IN women clinic we believe that every woman should be able to make choices in her pregnancy. Our job is to provide compassionate care, safety,affordable and confidential services. That’s why we have won the trust from all generations of women all over the world. we use non surgical method(Abortion pills) to terminate…Dr.LISA +27730423979women Clinic is committed to providing the highest quality of obstetrical and gynecological care to women of all ages. Our dedicated staff aim to treat each patient and her health concerns with compassion and respect.Our dedicated group ABORTION WOMEN’S CLINIC +27730423979 IN women clinic we believe that every woman should be able to make choices in her pregnancy. Our job is to provide compassionate care, safety,affordable and confidential services. That’s why we have won the trust from all generations of women all over the world. we use non surgical method(Abortion pills) to terminate…Dr.LISA +27730423979women Clinic is committed to providing the highest quality of obstetrical and gynecological care to women of all ages. Our dedicated staff aim to treat each patient and her health concerns with compassion and respect.Our dedicated group of receptionists, nurses, and physicians have worked together as a teamof receptionists, nurses, and physicians have worked together as a team wwww.lisywomensclinic.co.za/
- Video recording of this lecture in English language: https://youtu.be/lK81BzxMqdo
- Video recording of this lecture in Arabic language: https://youtu.be/Ve4P0COk9OI
- Link to download the book free: https://nephrotube.blogspot.com/p/nephrotube-nephrology-books.html
- Link to NephroTube website: www.NephroTube.com
- Link to NephroTube social media accounts: https://nephrotube.blogspot.com/p/join-nephrotube-on-social-media.html
micro teaching on communication m.sc nursing.pdfAnurag Sharma
Microteaching is a unique model of practice teaching. It is a viable instrument for the. desired change in the teaching behavior or the behavior potential which, in specified types of real. classroom situations, tends to facilitate the achievement of specified types of objectives.
Report Back from SGO 2024: What’s the Latest in Cervical Cancer?bkling
Are you curious about what’s new in cervical cancer research or unsure what the findings mean? Join Dr. Emily Ko, a gynecologic oncologist at Penn Medicine, to learn about the latest updates from the Society of Gynecologic Oncology (SGO) 2024 Annual Meeting on Women’s Cancer. Dr. Ko will discuss what the research presented at the conference means for you and answer your questions about the new developments.
Acute scrotum is a general term referring to an emergency condition affecting the contents or the wall of the scrotum.
There are a number of conditions that present acutely, predominantly with pain and/or swelling
A careful and detailed history and examination, and in some cases, investigations allow differentiation between these diagnoses. A prompt diagnosis is essential as the patient may require urgent surgical intervention
Testicular torsion refers to twisting of the spermatic cord, causing ischaemia of the testicle.
Testicular torsion results from inadequate fixation of the testis to the tunica vaginalis producing ischemia from reduced arterial inflow and venous outflow obstruction.
The prevalence of testicular torsion in adult patients hospitalized with acute scrotal pain is approximately 25 to 50 percent
New Directions in Targeted Therapeutic Approaches for Older Adults With Mantl...i3 Health
i3 Health is pleased to make the speaker slides from this activity available for use as a non-accredited self-study or teaching resource.
This slide deck presented by Dr. Kami Maddocks, Professor-Clinical in the Division of Hematology and
Associate Division Director for Ambulatory Operations
The Ohio State University Comprehensive Cancer Center, will provide insight into new directions in targeted therapeutic approaches for older adults with mantle cell lymphoma.
STATEMENT OF NEED
Mantle cell lymphoma (MCL) is a rare, aggressive B-cell non-Hodgkin lymphoma (NHL) accounting for 5% to 7% of all lymphomas. Its prognosis ranges from indolent disease that does not require treatment for years to very aggressive disease, which is associated with poor survival (Silkenstedt et al, 2021). Typically, MCL is diagnosed at advanced stage and in older patients who cannot tolerate intensive therapy (NCCN, 2022). Although recent advances have slightly increased remission rates, recurrence and relapse remain very common, leading to a median overall survival between 3 and 6 years (LLS, 2021). Though there are several effective options, progress is still needed towards establishing an accepted frontline approach for MCL (Castellino et al, 2022). Treatment selection and management of MCL are complicated by the heterogeneity of prognosis, advanced age and comorbidities of patients, and lack of an established standard approach for treatment, making it vital that clinicians be familiar with the latest research and advances in this area. In this activity chaired by Michael Wang, MD, Professor in the Department of Lymphoma & Myeloma at MD Anderson Cancer Center, expert faculty will discuss prognostic factors informing treatment, the promising results of recent trials in new therapeutic approaches, and the implications of treatment resistance in therapeutic selection for MCL.
Target Audience
Hematology/oncology fellows, attending faculty, and other health care professionals involved in the treatment of patients with mantle cell lymphoma (MCL).
Learning Objectives
1.) Identify clinical and biological prognostic factors that can guide treatment decision making for older adults with MCL
2.) Evaluate emerging data on targeted therapeutic approaches for treatment-naive and relapsed/refractory MCL and their applicability to older adults
3.) Assess mechanisms of resistance to targeted therapies for MCL and their implications for treatment selection
These lecture slides, by Dr Sidra Arshad, offer a quick overview of physiological basis of a normal electrocardiogram.
Learning objectives:
1. Define an electrocardiogram (ECG) and electrocardiography
2. Describe how dipoles generated by the heart produce the waveforms of the ECG
3. Describe the components of a normal electrocardiogram of a typical bipolar leads (limb II)
4. Differentiate between intervals and segments
5. Enlist some common indications for obtaining an ECG
Study Resources:
1. Chapter 11, Guyton and Hall Textbook of Medical Physiology, 14th edition
2. Chapter 9, Human Physiology - From Cells to Systems, Lauralee Sherwood, 9th edition
3. Chapter 29, Ganong’s Review of Medical Physiology, 26th edition
4. Electrocardiogram, StatPearls - https://www.ncbi.nlm.nih.gov/books/NBK549803/
5. ECG in Medical Practice by ABM Abdullah, 4th edition
6. ECG Basics, http://www.nataliescasebook.com/tag/e-c-g-basics
Prix Galien International 2024 Forum ProgramLevi Shapiro
June 20, 2024, Prix Galien International and Jerusalem Ethics Forum in ROME. Detailed agenda including panels:
- ADVANCES IN CARDIOLOGY: A NEW PARADIGM IS COMING
- WOMEN’S HEALTH: FERTILITY PRESERVATION
- WHAT’S NEW IN THE TREATMENT OF INFECTIOUS,
ONCOLOGICAL AND INFLAMMATORY SKIN DISEASES?
- ARTIFICIAL INTELLIGENCE AND ETHICS
- GENE THERAPY
- BEYOND BORDERS: GLOBAL INITIATIVES FOR DEMOCRATIZING LIFE SCIENCE TECHNOLOGIES AND PROMOTING ACCESS TO HEALTHCARE
- ETHICAL CHALLENGES IN LIFE SCIENCES
- Prix Galien International Awards Ceremony
Prescription Drug Offenses and Penalties in California
1. Understanding the California Laws Relating to
Prescription Drug Offenses May Help You
Avoid an Arrest and/or Conviction
PRESCRIPTION DRUG
OFFENSES AND PENALTIES
IN
CALIFORNIA
DOMENIC J LOMBARDO
SAN DIEGO CRIMINAL DEFENSE LAWYER
2. Due in large part to the “War on Drugs” that has been going on in the
United States for several decades, the laws relating to dispensing and using
prescription drugs have changed considerably. Today, doctors,
pharmacists, and patients must be aware of the various laws and
restrictions relating to prescription drugs to ensure that they do not run
afoul of them. Unfortunately, people often fail to realize that possession of a
prescription drug for which they do not have a valid prescription is treated
in much the same way as possession of traditional “drugs” such as
marijuana, cocaine, or heroin. The days when a friend could “share” a pain
pill with you are gone, replaced with laws that could land you in jail for
having a single pill in your possession. Understanding the California laws
relating to prescription drug offenses may help you avoid an arrest and/or
conviction.
DEFINING “CONTROLLED SUBSTANCES”
The United States Controlled Substances Act defines the term “controlled
substances” to include both illegal drugs and prescription drugs. California
Health and Safety Code, or CHSC, Sections 11350-11356.5 cover criminal
offenses relating to the possession, sale, transport, distribution, and
2
3. manufacturing of controlled substances. CHSC Section 11054 provides an
exhaustive list of the controlled substances referenced in Sections 1135011356.5. Numerous medications commonly prescribed by a physician are
included on the controlled substance list because of their chemical makeup. Medication commonly prescribed for pain, such as Lortab or Tylenol 3,
are opiate based, meaning they are a controlled substance. Sleeping pills,
such as Ambien, are also classified as a controlled substance. Likewise,
prescription sleeping pills such as Suprenza and Adipex make the
controlled substance list.
THE CONTROLLED SUBSTANCE LIST
Understanding California controlled substance laws requires a basic
understanding of the controlled substance list found in CHSC Section
11054. For purposes of this article, the list can be broken down as follows:
Sub-section (b) – Opiates
Sub-section (c) – Opium derivatives
Sub-section (d) – Hallucinogens
Sub-section (e) – Depressants
Sub-section (f) --- Cocaine
POSSESSION OF A CONTROLLED SUBSTANCE IN
CALIFORNIA
In California, simple possession of a controlled substance found in any
category except some in sub-section “e” is a felony. If convicted you face up
to a year in the county jail, 16 months in prison, or a two to three year
3
4. prison sentence, depending on the specific facts of the case. You may also
be placed on probation in lieu of, or in addition to, a jail sentence as well as
a fine and court costs.
POSSESSION /PURCHASE WITH INTENT TO
SELL
California law makes possession of a
controlled substance, or purchase of a
controlled substance, with the intent
to sell the substance a felony. If
convicted, you face a prison term of
two, three or four years in a state
penal facility. You will also likely serve
a term of parole when released as well
as owe fines and costs.
TRANSPORTATION, IMPORTATION, SALE
Transporting, importing, selling or furnishing a controlled substance is also
a felony in California which carries a two, three, or four year prison
sentence along with a period of parole, fines, and costs if convicted.
THE STATE’S BURDEN IN A CONTROLLED
SUBSTANCE PROSECUTION
In a criminal prosecution the state always has the burden to prove that the
defendant is guilty. In other words, if you are charged with a criminal
4
5. offense, you do not have to prove your innocence. For the state to prove its
case, the prosecutor must prove each element of the crime. For example, if
you are charged with possession of a controlled substance in California, the
prosecutor must prove EACH of the following:
You had the ability to use or control a controlled substance for
which you had no legal right to possess.
You knew or were aware of the presence of the controlled
substance
You knew of the substance’s nature or character as a controlled
substance
You had a sufficient amount of the controlled substance for it to be
abused
ACTUAL VS. CONSTRUCTIVE POSSESSION
One issue that often comes up in drug cases, particularly when prescription
drugs are involved, is actual possession vs. constructive possession. When a
defendant is found in actual possession of contraband (in this case drugs) it
is much easier for the state to prove its case; however, what happens more
5
6. often is that a controlled substance is found somewhere inside a vehicle, a
home, or even a purse instead of actually on the defendant. In these
situations the state must rely on the concept of constructive possession. To
prove that you had constructive possession of a controlled substance the
state must prove that you had “intent to maintain dominion and control
over the contraband”.
COMMON DEFENSES TO A CONTROLLED
SUBSTANCE CHARGE
If you have been arrested and charged with possession of a controlled
substance only an experienced California criminal defense attorney can
review the specific facts and circumstances of your case and advise you
what possible defenses you may have; however, there are some common
defensive strategies employed in controlled substance cases, including:
Valid prescription – if you had a valid prescription for the
controlled substance it is a defense; however, you must not have had
a larger quantity of the drugs than what you were prescribed.
No possession – if the state’s case is based on constructive
possession you may be able to argue that you did not possess the
controlled substance.
Lack of knowledge – if, for instance, a friend gave you something
for your headache and you had no idea it was a controlled substance,
or your friend lent you a jacket and unknown to you his/her
prescription pills were in the pocket, you may be able to avoid
conviction on the basis of lack of knowledge.
Momentary possession – California allows you to have
momentary possession of a controlled substance if the reason for the
possession is to dispose of, or destroy, the substance.
6
7. AVOIDING AN ARREST
If you have been arrested and charged with a violation of one of the many
California controlled substance laws, hiring an experienced California
criminal defense attorney who can employ one of the many available
strategies to avoid a conviction is clearly your best course of action.
Avoiding an arrest in the first place, however, is preferable. Far too many
innocent individuals find themselves on the wrong side of the law because
they did not fully understand the laws relating to prescription medications.
To avoid finding yourself in this situation, consider the following:
Never accept any prescription medication from a well-meaning
friend, family member or co-worker.
Never offer to give someone else prescription medication of yours.
Always carry your prescription medication in the prescription bottle.
If you take a prescription medication on an ongoing basis,
particularly if it is a narcotic, hold on to an empty prescription bottle
as an “extra” in case you wish to carry only a few pills with you when
you go on vacation or you wish to separate your pills for any reason.
Keep prescription medication locked up where others cannot reach it.
Always check the pockets when someone loans you a jacket or coat.
Thoroughly search through a purse before using it if it has been put
up for some time or if someone else gave it to you to ensure there are
no stray pills at the bottom or in a pocket.
Never agree to “hold” someone else’s medication for them in your
purse, pockets, or vehicle even if it is in the proper prescription bottle.
Destroy known controlled substances immediately if you are trying to
prevent someone else from abusing them or you do not ever plan to
take the medication yourself.
7
8. While some of these tips may seem a bit extreme, the laws relating to
prescription medications warrant following them to avoid becoming
entangled in the criminal justice system.
California Legislature, Health and Safety Code Section 11350-11356.5
FindLaw, Health and Safety Code Section 11054
8
9. About the Author
Domenic J Lombardo
Domenic J. Lombardo, (Attorney at Law)
graduated from University of California,
Los Angeles (U.C.L.A.), earning a B.A. in
Economics-Business, before graduating
with his J.D. from University of California,
Hastings School of Law. He passed the
California Bar Examination on the first
try, and immediately began practicing as a
criminal defense attorney in San Diego,
California.
Mr. Lombardo worked as a defense lawyer at the San Diego Office of the Public
Defender from 1991 to early 1996.
Mr. Lombardo opened the Law office of Domenic Lombardo in 1996 as a a sole
practitioner dedicated entirely to the defense of individuals accused of crimes. And
while Mr. Lombardo works as the primary attorney for all his cases, he does have a
team of investigators, forensic consultants, and paralegals to call on to help achieve
the best possible result in every case.
When he is not working, Mr. Lombardo is an avid family man, triathlete, and world
traveler.
The Law Office of Domenic J Lombardo
The Executive Complex 1010 Second Ave., Ste. 1820
San Diego, CA 92101
www.AttorneyLombardo.com
9