If you have been charged with being Under the Influence of a Controlled Substance in Orange County, you should contact The Atias Law Firm, a criminal defense law firm in Orange County. People think of Under the Influence of a Controlled Substance as being “high in public” which is essentially that. All that is required for being Under the Influence of a Controlled Substance is using a controlled substance or illegal drug or being under the influence of a controlled substance or illegal drug. It is important to note that being under the influence of a controlled substance and being under the influence in public are two totally separate things. The relevant portion of the law that is applicable to Under the Influence of a Controlled Substance in Orange County is summarized below. However, the full text of the Under the Influence of a Controlled Substance laws in Orange County can be found in California Health and Safety Code Sections 11550. For a defendant to found guilty of Under the Influence of a Controlled Substance, the prosecution must prove any of the following acts occurred;

• The defendant willfully used a controlled substance or narcotic drug, and

• The defendant was under the influence of a controlled substance or narcotic drug

Controlled substances and narcotic drugs are simple terms used to describe a class of specific drugs including stimulants, depressants, hallucinogens and opiates. Some controlled substances and narcotic drugs include heroin, methamphetamines, cocaine and PCP. Also included are illegal use of prescription drugs. Marijuana is are not considered in the definition of controlled substances and narcotic drugs. The Under the Influence of a Controlled Substance laws in Orange County can be confusing to a defendant charged with that crime. At The Atias Law Firm, a criminal defense law firm in Orange County, we know the ins and outs of these particular criminal charges and we will work hard to get your case dismissed or lowered to a lesser offense.

Possibilities & Penalties For Under the Influence of A Controlled Substance In Orange County

Under the Influence of a Controlled Substance in California is a misdemeanor.  However the consequences can be severe. The penalties associated with Under the Influence of a Controlled Substance include possible informal probation for 5 years, up to 1 year in a county jail, drug counseling and possible community service/labor.  In addition, if one is convicted of this offense 3 times within a 7 year period, he/she faces a minimum of 180 days in county jail.

Defenses To Under The Influence Of A Controlled Substance In Orange County

Our team of criminal defense attorneys know the defenses that may help get your Under the Influence of a Controlled Substance charges reduced or dismissed. There are a number of defenses to Under the Influence of a Controlled Substance in Orange County, however the applicability of those defenses depends on the facts of your case. One of main defenses to these charges is that one was not immediately using a drug immediately prior to arrest. Immediate usage means within the past 5 days. Another defense is that one was not under the influence of the controlled substance or narcotic drug in any detectable manner. If the officer doesn’t find one in possession of any drugs and doesn’t take a blood test to confirm that one has drugs in his/her system, there is a defense to the charge.  Yet another defense is having a valid or legal prescription for the drug. If one can show the drug was proscribed by a doctor, he/she has a defense to the charge. The law also requires voluntary influence of drugs such that if one was involuntarily drugged by another, he/she cannot be charged with being under the influence of a controlled substance or narcotic.

How Can Under the Influence of a Controlled Substance Charges Be Reduced

When the prosecution case is strong and they are pushing for a sentence of Under the Influence of a Controlled Substance, sometimes the best tactic is to try to work out a plea deal with the Prosecutor and reduce the charge to obtain a lesser sentence Under the Influence of a Controlled Substance. The criminal defense lawyers at The Atias Law Firm will help navigate you to getting your Under the Influence of a Controlled Substance charge reduced to a lesser charge and perhaps even dismissed. Examples of these lesser charges include deferred entry of judgment or the drug diversion program.  Pursuant to these options, one can perform community service or attend a drug treatment program and once successfully completed, get the case dismissed.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Under the Influence of a Controlled Substance, then you may face increased penalties in your current Under the Influence of a Controlled Substance case. The Atias Law Firm aggressively challenges any prior convictions. For instance, if your prior Under the Influence of a Controlled Substance conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Under the Influence of a Controlled Substance penalties.

What Should I do about an Under the Influence of a Controlled Substance charge in Orange County?

Contact The Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.