If you've been arrested for drugs, you're likely wondering how to get out of jail. You'll need to deal with the issues of life, while you wait for your drug charges and legal problems to get sorted out. If you or someone you love is in jail for drugs, call Mr. Nice Guy Bail Bonds. Mr. Nice Guy and his team of licensed bail bondsmen work hard, 24-hours a day, to get people out of jail and back to their homes and families. Call (844)400-2245 to speak to a friendly, professional member of the Mr. Nice Guy team, today!
Violations involving drugs can range from simple to complex, misdemeanor to felony. Even with the recent passage of Proposition 64, which made marijuana for personal use legal in California, most drugs are still illegal to carry and sell. Even with marijuana, you can face drug charges if you are caught growing or selling it without a license.
HS 11359 – Misdemeanor Marijuana Charges
Marijuana is legal in California for adult personal and recreational use. This means that is also is legal to sell marijuana. But it's only legal to sell if you have the proper, state-issued license to do so. A violation of HS 11359 is possession of marijuana with the intent to sell it on the black market. This is a misdemeanor, for most defendants, and the penalties for possession, with the intent to sell on the black market, are up to six months in county jail or a fine of up to $500.
Felony HS11359 – Felony Marijuana Charges
Under certain circumstances, the authorities can charge a defendant with a felony violation of HS11359. Some of the circumstances that could result in a felony enhancement of marijuana charges are:
- Possession of marijuana with the intent to sell it without a license. Selling without a license is a much more serious offense than intent to sell on the black market and carries much steeper fines and punishments.
A person might be charged with felony possession of marijuana if:
- The person has multiple prior drug convictions.
- Persons with serious, violent, or sex crimes convictions.
- The arrest occurred in connection with a sale or attempted sale.
- The sale was being made to a person under the age of 18.
- The offense involves someone, over 21, employing or using a person twenty years of age or younger in producing, cultivating, or marketing marijuana.
DUI Marijuana – VC 23153 (e)
Under California law, you are guilty of DUI marijuana if you drive a vehicle while impaired by marijuana. Vehicle Code 23152(e) reads: “It is unlawful for a person who is under the influence of any drug (including marijuana) to drive a vehicle.”
The evaluation for deciding if you're “driving stoned” is similar to the process for alcohol DUI. If a person is driving in an unsafe manner, looks or acts stoned, or if the officer can smell weed in the car, he will likely conduct a field sobriety test and may request a chemical blood test. The penalties for DUI marijuana are the same as DUI Alcohol and include probation up five years, up to six months in jail, and a fine of up to $1,000. The fines and jail time increase with each conviction, just as with DUI of alcohol or other drugs.
Other Types of Drug Crimes
There are many other situations that can result in drug charges against you. Just of few of these include:
- HS 11350 – Possession of a Controlled Substance
- HS 11351 – Possession of Narcotics for Sale
- HS 11352 – Sale or Transport of a Controlled Substance
- HS 11364 Possession of Drug Paraphernalia
- HS 11363 – Cultivation of Peyote
- HS 11377 – Possession of Methamphetamine
- HS 11379.6 – Manufacturing Drugs and Narcotics
- HS 11550 – Use of Prescription Drugs not Prescribed to You
- HS 11173 – Prescription Drug Fraud
HS 11173 – Prescription Drug Fraud
HS 11173 prohibits what is known as “doctor shopping.” A person can be charged with prescription drug fraud if they:
- obtain or attempt to obtain a prescribed controlled substance through fraud or deceit.
- Make false statements in a prescription record, report, or order.
- Falsely represent themselves as someone else for the purpose of obtaining a controlled substance.
- Place false or forged labeling to a package containing a controlled substance.
HS 23152 – DUI Prescription Drugs
It is illegal to drive under the influence of drugs or alcohol. And, this includes prescription drugs, even drugs legally prescribed to you. If the drugs you have been prescribed impair your ability to safely operate a motor vehicle, and yet you drive, you may be charged with DUI Prescription Drugs. The penalties for this crime vary and depend on your prior arrest record.
What If I'm Charged With Drugs?
If you are arrested for drug crimes in California, remember to stay calm. Arguing with, or yelling at, the police can only make the situation worse. The penalties for non-violent drug crimes is much less than those of violent drug crimes, and arguing with the police or fighting with them can lead to more serious, violence charges.
If you come into contact with the police:
- Stay Calm
- Keep Your Voice Level
- Don't Yell or Use Profanity
- Don't Struggle With Officers (even if they feel the need to restrain you)
If you are arrested and charged with drug crimes, the officer should inform you of your Miranda Rights:
- You have the right to remain silent – They can't make you talk, other than to provide your name, address, and show some type of identification, upon request.
- Anything you say can be used against you – If you choose to talk to the authorities, the statements you make can be used against you in court.
- You have the right to an attorney – You can ask to have an attorney present while they question you. If you ask for an attorney but continue to talk to the officers, while you wait for your attorney, the answers you give can still be used against you.
- If you cannot afford an attorney, one will be appointed for you – If you cannot afford an attorney, but would like to have one, the court will appoint an attorney for you, free of charge.
If You Get Arrested For Drugs
If you get arrested for drug violations and taken to jail, you'll be charged with a crime and booked. This is a process that involves a lot of paperwork, as well as taking your picture and fingerprints. During this process, you will be allowed to make several free phone calls to alert friends and family to your situation. Use one of these phone calls to call Mr. Nice Guy Bail Bonds, so that a member of his professional team can get started getting you out of jail right away.
Can I Get Someone Else Out of Jail for Drugs?
If someone else has been arrested for drugs, and you need help locating that person, or getting them out of jail fast, call Mr. Nice Guy Bail Bonds. You can also use the online location services here. Or, call Mr. Nice Guy for help. Profession, friendly help is just a phone call away. (844)400-2245.