Manufacturing an imitation controlled substance violates California’s Health and Safety Code 109575. This offense can lead to a misdemeanor conviction. Violating 109575 HS can result in fines and even jail time.
If you are facing charges for violating this California code, you should speak to an experienced criminal defense lawyer. There might be strategies available for defending you against the charges.
Understanding 109575 HS
California law prohibits the manufacture, distribution, and possession with the intent to distribute an imitation controlled substance. Interestingly, the substances are not controlled and might be entirely harmless. The illegal act has to do with claiming that the substance is something the law prohibits, such as an illicit drug, and then trying to sell it to someone as if it is that controlled substance.
For example, if you create a substance that looks like heroin and sell that substance to a person who believes that it is that drug, you violated the law. Perhaps the actual substance is harmless, but that fact will not prevent a court from convicting you.
Penalties for Violations of 109575 HS
If a court convicts you of violating 109575 HS, you might face a jail term of at most six months. The judge can also order you to pay $1,000 in fines.
In many cases, a judge will place a person on summary probation. Misdemeanor or summary probation is an alternative form of sentence that courts can use when the defendant faces misdemeanor charges.
In a summary probation, the judge supervises the individual rather than a probation officer. There are terms for the probationary period, including possible community service and payment of restitution or fines. The defendant will need to make occasional court appearances where they will demonstrate their compliance to the judge.
Failing to comply with the terms of probation can lead to the judge implementing stricter terms or revoking the probation and sentencing the person to jail time instead.
Defending Against Accusations of Violating 109575 HS
If you are facing charges for violating 109575 HS, there might be defenses available in your case. Some potential defenses will include the following:
Illegal search and seizure as a defense applies in cases where law enforcement officers violate your Fourth Amendment rights. The Fourth Amendment dictates that individuals should remain free from unreasonable searches and seizures.
For example, if the police stopped, searched you, and arrested you without probable cause, your lawyer could argue that the evidence that the officers collected as a part of that search cannot serve to build a case against you. Once you exclude that evidence, the prosecutors might not have enough proof to convict you of violating the law.
False accusations often occur when a person wishes to get another individual in trouble. If a person falsely accuses you of violating 109575 HS because they are seeking vengeance or otherwise interested in getting you into trouble, you might use this defense.
Of course, if the substance you distributed is not an imitation controlled substance, then that would be a defense to the charges as well. The most effective defense will depend on the facts involved.
Similar Crimes and Offenses
Many crimes are similar to violations of 109575 HS. One of the most similar is 11355 HS, which states that it is illegal to agree to sell a real illegal substance and then provide an imitation substitute. This crime can be a misdemeanor or a felony, depending on the specific facts.
The sale of a synthetic stimulant is a violation of 11375.5 HS. These substances may mimic the effect of more well-known drugs, such as cocaine or methamphetamines. Sometimes, people may refer to these substances as “designer drugs.”
Another criminal act is the possession of a controlled substance, including cocaine, LSD, or heroin.
Although many drug-related crimes are misdemeanors, certain factors can turn such offenses into felonies. Even a misdemeanor can have serious impacts on your life and future.
Hiring a California Criminal Defense Lawyer
A California criminal defense lawyer could work with you to evaluate your case and identify potential defenses to the charges against you. Facing criminal charges can be intimidating and frightening. You should never face this situation without the assistance of an experienced criminal defense lawyer.
