Legal Question in Criminal Law in California

I was recently arrested for 11550 (A) HS Use/Under the Influence of Controlled Substance in central california. My court date is not for awhile but I am quite worried. On a Friday I took, without a prescription, adderall during the day while I was studying for the GMAT. I then went out that night with friends and got very drunk. Inadvertently I walked into a strangers house, close to my friends, and passed out on their couch. The police were called and instead of being arrested for being drunk I was arrested for the 11550 (A). I'm guessing the girls decided to not press charges for trespassing or breaking and entering as neither of these charges are on my booking report. I know that Adderall is an amphetamine and if it shows up as meth instead of adderall on the blood toxicology what can I do to prove that I am not a meth user (as I have never used meth in my life)?

I have never been arrested before and just recently graduated from college. I smoke weed occasionally and am sure this will appear with the adderall in my blood toxicology. What type of jail time or program could I possibly face? I know the DA can choose not to prosecute certain cases and was wondering if the 11550 (A) is a commonly dismissed case.

Thank you

Asked on 9/15/09, 8:15 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall
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The girls whose house you entered cannot "press charges." The District Attorney will review the police reports and decide what charges they should actually file. There is a chance that the DA could charge you with something more serious than 11550.

The lab tests can distinguish the difference between methamphetamine and other amphetamine drugs.

A conviction for 11550 has a mandatory minimum of 90 days in jail. You may be eligible for diversion under Penal Code 1000, where you enter a guilty plea but the judge continues sentencing for 18 months to three years. In the meantime, you would be required to complete a drug education program and stay out of trouble. If you complete diversion, your case is dismissed without a conviction.

Although you have some time before your first court date, I would encourage you to seek treatment for substance abuse. People who drink normally don't get so drunk that they enter strangers' homes and pass out. You're pretty lucky; if you'd walked into a gun owner's home, he might have shot you first and asked questions later.

You definitely need an attorney to help you in this case. If you can't afford to hire an attorney, ask the judge at your first court date to appoint the public defender to represent you.

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9/16/09, 2:25 am
Terry A. Nelson Nelson & Lawless
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There is no such thing as 'commonly dismissed charges'. Police and DA don't spend time reviewing and filing charges, just to dismiss them 'cause you want them to. If they don't think they can convict, they don't file. You face up to a year in jail if convicted, but with no priors your attorney may be able to negotiate a plea bargain that includes fines and drug diversion program instead. If serious about hiring counsel to do so, feel free to contact me.

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9/17/09, 1:52 pm

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