Legal Question in Criminal Law in California

I'm in CA and two pills were found on my person. The officers tested the pills and told me they tested positive for amphetamine. I was arrested and charged with a felony 11377a. The LA County DA dropped the case but now I am being charged with a BP 4060 by the City of Long Beach. LBPD sent the pills to their lab and they tested back as Soma, not amphetamine. I have nothing on my record and have never been arrested. I recently took a drug test (work required it) and tested negative. My question, how can the original field test of this drug test positive for amphetamine yet the lab results are soma. How can I be charged with BP4060 when according to the State of CA, Soma isn't classified as a controlled substance. Worst case scenario what am I looking at?

Thanks in advance.


Asked on 9/19/11, 5:08 pm

5 Answers from Attorneys
Elliot Zarabi Law Offices of Elliot Zarabi

Because it is a prescription drug and you were in possession of it you are looking at a minimum of 30 days to 180 days in county jail. That would mean probably 3 days and then time served.

However, you do not want this misdemeanor on your record. Really hurts when applying for jobs. The Prosecutors in Long Beach are pretty tough and really don't make good deals. It really depends on what day you get them and what rotation they are on.

I am in Long Beach all the time, if you have any questions, please do not hesitate to contact me.

Elliot Zarabi

www.zarabilaw.com

213-612-7720

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Answered on 9/19/11, 5:15 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If one agency says your pills tested as amphetamine, and another tested them as "Soma," sounds like somebody is telling a fib. Why you were charged is irrelevant. Your immediate problem is to beat back the charges so you don't get a criminal record that could mess up your life forever. The "case scenario you are looking at" is, you retain an attorney if you can afford it; or else you use the public defender and, most likely, you would be told to plead guilty, or at best you would be told to enroll in some costly and burdensome "treatment" program. The stakes are high, and you get what you pay for. If you have any questions about how your case will likely play out in the Long Beach courts, I'd be happy to consult with you free of charge.

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Answered on 9/19/11, 5:17 pm
Joe Dane Law Office of Joe Dane

Business and Professions Code section 4060 is a misdemeanor for possessing a prescription drug without a prescription. If the Soma was yours and you have a prescription, you have an iron-clad defense.

As a first offender, you are most likely eligible for a diversion program where you can eventually get these charges dismissed.

You don't mention anything about why you were contacted, searched or how they came to find pills on you, so it's probably worth it to sit down with a local criminal defense attorney to discuss the facts of your case and any legal, factual or other defenses you may have.

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Answered on 9/19/11, 5:20 pm
David M. Wallin Law Offices OF David M. Wallin

You are being charged with possession of controlled substances. With NO record, if you don't want to fight the case to attempt to get it dismissed, then you would be looking at a diversion program. Its a long program and, if you don't complete it, there could be consequences. One of our attorneys lives in Long Beach and if you want to speak to me on the phone for a FREE consultation, feel free to contact me at 661-267-1313. David Wallin

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Answered on 9/19/11, 6:04 pm


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