If you or a loved one has been charged with the possession of Adderall in Los Angeles or elsewhere in the State of California, you should immediately contact an experienced Los Angeles possession of Adderall attorney at The H Law Group to defend you and keep you from going to jail for a long period of time. Possession of Adderall without a valid prescription is unlawful in the State of California.
You should not take Adderall possession charges lightly as a conviction of this offense carries a maximum jail sentence of up to twelve months in county jail. So, if you have been charged with misdemeanor possession of Adderall, you should immediately contact an experienced Adderall possession attorney at The H Law Group to defend you and keep you out of jail.
Our attorneys have the knowledge and experience to achieve the best possible results for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
California Health and Safety Code Section 11350 HSC makes it a crime for any person to have possession of any controlled substance, including Adderall, without a valid prescription. Usually, the prosecution charges those caught with possession of Adderall with misdemeanor possession of a controlled substance in violation of HSC 11350. This is so because it is illegal for any person to have possession of Adderall without having a legal prescription for it. First offenders are almost always charged with misdemeanor drug possession.
For the prosecution to prove a person guilty of Adderall possession in violation of HSC 11350, it must prove a number of elements beyond a reasonable doubt. If the prosecution fails to prove even one element, it will not be able to convict the defendant of the crime.
The prosecution must prove the following elements:
Here are the elements of Adderall possession in detail.
For the prosecution to convict a person, it must prove that the defendant had either actual or constructive possession of Adderall. Actual possession is established by showing that the defendant had the Adderall on his person, such as in his pocket or bag. Constructive possession can be established by showing that the defendant had access to a location where the Adderall was stashed or hidden, such as the glove compartment box of a vehicle.
The second element the prosecution must establish is that the defendant knew that he was in possession of Adderall. For example, if you borrowed your friend’s vehicle and he had Adderall in his glovebox and you did not know about it, you cannot be convicted of possession of Adderall because you had no knowledge of its presence.
The prosecution must show that the defendant knew Adderall was a controlled substance. The fact that you need a prescription to get it could help the prosecution’s case in showing that it is a controlled substance requiring a prescription.
The fourth element the prosecution needs to prove to convict the defendant is that he had a usable amount of Adderall. That is, the prosecution cannot convict you of Adderall possession if the police officer only found traces of Adderall. The prosecution must prove that you had enough that you can consume.
The final element that the prosecution needs to prove to convict you of possession of Adderall charges, is that you did not have a valid prescription for Adderall.
If the prosecution convicts a person of Adderall possession in violation of 11350 HSC, he or she faces the following potential consequences:
Note: Almost all first-time offenders are charged with misdemeanor drug possession. Felony drug possession is an option, but this charge is reserved for those who have been convicted of serious crimes, such as murder, rape, or vehicular manslaughter.
If you have been charged with Adderall possession in violation of HSC 11350, there are a number of defenses that your attorney can make to defend you. Here are some of the defenses your attorney may be able to make to defend you:
John was heading home from a party and a police officer pulled him over. After searching his person, the police officer finds a bottle of Adderall in his pocket. John does not have a prescription for the Adderall. John can be charged with and convicted of Adderall possession. The situation would be different if John had a valid prescription for the Adderall.
If you or a loved one has been charged with Adderall possession, you should immediately contact an experienced Los Angeles Adderall Possession Attorney at The H Law Group to defend you and keep you from going to jail. Our attorneys have the knowledge and experience to best defend you and mitigate the potential consequences that you face. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
