The legal system in California considers it illegal to maintain or open a place to unlawfully sell, give away, or use controlled substances. The court uses California Health and Safety Code §11366 HSC: Operating or Maintaining a Drug House to prosecute these actions.
This charge can result in incarceration and fines. You can learn more about HSC 11366 from a Los Angeles drug crimes lawyer. An attorney from our team at Simmrin Law Group can also help you build a solid defense if the police accuse you of setting up or running a drug house. We have many years of experience defending clients like you.
Defining California HSC §11366: Operating or Maintaining a Drug House
Individuals can face HSC 11366 charges in California if the police accuse them of opening a “place” that they intend to use to give away, sell, or allow the use of narcotic drugs or controlled substances. Generally, the prosecution must show that an individual planned to engage in this behavior repeatedly or continuously for HSC 11366 charges to apply.
What’s a “Place” Under HSC 11366?
According to California’s laws, a “place” can mean any structure used while selling, allowing the use of, or giving away drugs and controlled substances. Examples of “places” can include:
- Apartments
- Houses
- Hotel rooms
- Motel rooms
A Los Angeles criminal defense lawyer can provide more information about HSC 11366.
For a free legal consultation with a lawyer serving California, call (310) 896-2723
HSC 11366 Qualifies as a Wobbler
Individuals charged under California Health and Safety Code §11366 HSC: Operating or Maintaining a Drug House can face either misdemeanor or felony charges because the legal system considers it a “wobbler.”
The prosecution gets to decide how to handle wobbler charges and may choose to treat HSC 11366 as a felony based on the facts of the case and an individual’s past criminal record. The penalties for an HSC 11366 conviction vary on how the prosecution treats these charges.
For example, a misdemeanor conviction can result in one year of jail time and fines of up to $1,000. A felony conviction, on the other hand, could result in three years in prison and fines of up to $10,000.
Asset Forfeiture and HSC 11366 Convictions
In some cases, law enforcement can confiscate real property after a conviction for HSC 11366. For example, the police may take the property where someone maintained an alleged drug house.
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Defenses for HSC 11366 Allegations
A criminal defense attorney can explore several possible defenses after an HSC 11366 arrest. For example, a lawyer may argue that their client:
Did not Set up a “Drug House” for Other People
Individuals should only face a conviction under HSC 11366 if they set up a place for other people to buy, use, or take illicit substances. Personal use of controlled substances in a room or building should not result in an HSC 11366 conviction.
However, possession of illicit substances for personal use can still result in other charges. In this situation, a Los Angeles drug possession defense lawyer may step in to help.
Did not Repeatedly Offer Controlled Substances
The prosecution should only pursue HSC 11366 charges if an individual repeatedly or continuously gave away, sold, or provided a controlled substance. If the accused only provided a controlled substance in a single instance, they should not face an HSC 11366 conviction.
However, selling a controlled substance even a single time can still result in criminal charges.
Faced an Unlawful Search and Seizure
In some cases, the police will overstep and violate an individual’s rights in an attempt to gather evidence. For example, police officers could enter a residence or property without getting a valid warrant or exceeding the limits covered by a warrant.
A criminal defense attorney could petition the court to disallow any evidence gathered in an illegal search, potentially weakening the prosecution’s case.
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How Do Lawyers Resolve HSC 11366 Charges?
Attorneys can utilize several strategies to assist clients accused of operating or maintaining a drug house in California. Depending on the facts surrounding the charges, a lawyer may focus on:
Reducing the Charges
In some situations, a lawyer will advise a client to take a plea deal offered by the prosecution after an HSC 11366 arrest. Plea bargains require an individual to admit guilt for a less serious criminal charge in exchange for reduced penalties.
For example, a lawyer could plead down an HSC 11366 charge to a charge for simple possession. However, accepting a plea bargain always comes with some penalties, so it may not represent the best option for all individuals.
Getting the Charges Dismissed
An attorney may petition the court to dismiss HSC 11366 allegations in some circumstances. Generally, lawyers push for a dismissal if the prosecution does not have enough evidence to back up their claims or if the police violated a client’s rights.
Fighting for a Client in Court
Finally, a lawyer may represent their client in court, presenting evidence, cross-examining witnesses, and countering any claims made by the prosecution. If these charges go to court, an attorney will take all possible steps to secure a favorable verdict.
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Talk to Us About HSC 11366 Charges in California
Do you have more questions about California Health and Safety Code §11366 HSC: Operating or Maintaining a Drug House? Our team at Simmrin Law Group can provide the answers you need and support your defense after an arrest.
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