Undoubtedly, being charged with a drug-related offense can be one of the most terrifying situations. Whether it is trafficking, distribution, or possession of a controlled drug substance, the legal path ahead can be full of anxiety and uncertainty, even if it is not your first arrest for a similar crime.
Following your arrest for a drug-related offense, the police will probably detain you while they wait for the court to decide whether to grant you bail and how much you must pay for your freedom. For a serious drug offense like felony possession of a controlled substance for sale under HS 11351, the bail the court could require you to pay could be high and unaffordable.
That is why most arrestees in legal custody for drug-related offenses opt to work with a bail bondsman to secure a quick release from jail upon an arrest. While a bondsman will not offer you legal representation in court, he/she can help you navigate the confusing bail process to regain your freedom and move on with your life, pending your charge's trial date.
Aside from allowing you to move on with your daily activities, securing prompt release from jail upon an arrest gives you ample time to work with your defense attorney to prepare defenses to challenge the alleged drug-related offense. This article is yours if you or a loved one needs a bail bond for a crime involving illegal possession of a controlled drug substance.
Understanding Felony Possession of a Controlled Substance for Sale Offense Under HS 11351
Before we discuss what a bail bond is and the options you have to secure your freedom upon an arrest, you need to understand what a controlled drug substance is and the circumstances that can make the police arrest you for a drug-related offense.
A controlled substance is any illicit drug, narcotic, or medication whose use, possession, and distribution are regulated and controlled by the government. Below are examples of common controlled drug substances you ought to know:
- Cocaine
- Heroin
- Lysergic Acid Diethylamide (LSD)
- Ketamine
- Oxycodone
- Marijuana
- Codeine
- Vicodin
According to Health and Safety Code 11351 (HS), it is a felony to have any of the controlled drug substances in your possession with the criminal intent to distribute or sell them. To secure a conviction against you under this statute, the prosecution team must prove beyond a reasonable doubt that:
- You purchased or had a controlled drug substance in your possession
- You were aware of the drug's presence
- You were aware the substance in question was illegal or controlled
- The substance's quantity was enough for the sale
- You had the criminal intent to sell the drug
The severity of the charges you will face upon a conviction for an HS 11351 violation will depend on the specific controlled drug substance you had in your possession at the time of your arrest. Some of the evidence the prosecutor could use to prove that you had the criminal intent to sell the controlled drug substance you had in your possession includes:
- Availability of large wards of cash
- Availability of scales and packaging materials
- Availability of drug paraphernalia
How Bail Bonds Works
In most cases, the court will allow you to secure your freedom on bond unless the crime you are up against is a capital crime or:
- You are a flight risk
- You have a history of skipping bail
- Your HS 11351 is serious
- You do not have community ties
You have a legal right to secure your freedom on bail following an arrest. Bail is a specific set or predetermined amount of money you pay the court to act as security or assurance of your willingness to make court appearances to challenge the alleged charge.
While you can settle your bail price using cash or equivalent property, most defendants work with a bail bondsman to secure a bail bond. A bail bond is a financial arrangement that the bail bondsman makes with the court to help you secure your freedom after an arrest as a suspect in a criminal case.
You have to abide by the conditions and guidelines established by the court after securing your freedom. These terms include:
- Frequent check-ins with a probation officer appointed by the court
- Agree to routine searches by a court-appointed probation officer
- Travel restrictions
- Agree to remain alcohol-free
- Agree to surrender your passport
- Agree to wear an electronic monitoring gadget
When you fail or refuse to adhere to these terms, the court will forfeit your bail and issue an arrest warrant, allowing the law enforcement officers to arrest you and bring you into custody as soon as possible.
Depending on the bail bondsman you choose and the facts of your unique case, collateral could be necessary to secure your freedom on bond following an arrest. Examples of collateral the bondsman could require include:
- Electronic
- Real estate
- Savings accounts
- Vehicles
- Investment
- Precious metals
- Jewelry
- Artwork
Steps for Securing Bail Bonds After an Arrest for an Alleged HS 11351 Violation
Bail bond services come in handy if you do not have the financial capability for a property bond or a cash bond. If you cannot afford cash bail or are not prepared to risk your money in exchange for freedom, you can work with a bondsman to secure a bail bond.
The steps involved in securing bail bonds after an arrest as a suspect in a crime involving the unlawful possession of a controlled substance for sale are explained below:
Arrest and Booking Procedure
An arrest marks the start of the criminal justice process. After an arrest for an HS 11351 violation, the police will drive you to their station for further investigation and the booking process. The booking process involves the following:
- Recording of your legal name and the allegations you are up against
- Mugshot taking
- Fingerprint taking
- A thorough search of your person
- Confiscation of your personal belongings like clothes, watches, and other jewelry
Seeking Bail Bonds
You must contact a bail bondsman to secure bail bonds after an arrest. The bail bondsman you choose will offer you the financial assistance you need during these challenging times to secure your freedom. The bondsman you will contact for quick bail bond services will require the following information:
- The amount of bail the court requires
- Your booking number
- Your full legal name
- The location of the jail where you are in custody
- The name of the charge you are up against
Once you contact a bondsman of your choice, he/she will assess your situation to determine your eligibility for a bail bond. When determining your eligibility for a bond, the bondsman you choose will consider several different factors, such as:
- The likelihood of fleeing the state or country after your release
- Your ability to pay for bail bond services
- Your community and family ties
Pay the Bondsman’s Premium
Once you enter into a bail bond agreement or contract, the bondsman you choose will pay the court-set or predetermined bail price for your HS 11351 to regain your freedom. In exchange for these much-needed bail bond services, the bondsman will require you to pay a premium, often ten percent of the total court-set bail for your charge.
Therefore, if your bail is $10,000, the bondsman will require you to pay him/her $1,000 for his/her services. Fortunately, most bondsmen can offer flexible payment options to avoid unnecessary hassle when settling their premiums. For instance, your bondsman could allow you to pay this premium using the following payment options:
- Cash
- Paypal
- Bankers cheque
- Western Union
- Bitcoin
While the bondsman's services fee could still seem expensive, it is more affordable than paying the entire cash bail for your HS 11351 charges, which could range between $20,000 and $50,000. However, if you have a reliable defense attorney, he/she can negotiate with the court to secure the minimum bail amount possible for your offense.
Factors That Will Determine Your Bail Amount
The bail bond process begins when you go in front of a judge at the arraignment hearing to determine your eligibility for bail and your offense bail amount. Below are some of the factors the judge presiding over your HS11351 charge will consider when determining your eligibility for bail:
The Bail Schedule
The judge will consider the predetermined bail amount on the bail schedule when determining your offense's bail amount. The bail schedule lists common crimes and their recommended or predetermined bail amounts.
Public Safety
Another crucial factor the judge will consider when determining your offense bail price is public safety since one of the primary purposes of bail is to ensure you do not pose a danger to public safety.
Your Criminal Background
The court will consider your criminal history when setting the bail amount for your offense. Usually, the judge will keenly check and review your criminal record to know your current criminal status, including past arrests, failure to appear in court, and convictions.
Whether You are a Flight Risk
The court will likely set a high bail amount for your offense if you are a flight risk. The court will consider you a flight risk if you are a non-citizen because you are more likely to flee to your home country upon release from jail. If the judge considers you a flight risk, he/she will set a high bail amount for your offense to ensure your appearance in future court proceedings.
Your Community and Family Ties
If you have strong connections with your community, for example, family or a stable job, the judge will likely consider you less of a flight risk and set an affordable bail amount for your HS 11351 charges. However, if you do not have reliable employment or residence, the court will consider you a flight risk and set a high bail amount for your offense.
Whether You Are Willing to Enroll in a Drug Treatment and Rehabilitation Program
If you are willing to engage in a drug treatment and rehabilitation program as a condition for your release from jail on bond, the court could allow you to secure a release from jail on bond.
Potential Penalties You Could Receive Upon a Conviction Under HS 11351
When the prosecutor secures a conviction against you for an HS 11351 violation, you should expect the following felony penalties:
- Up to four (4) years of jail time
- A fine not exceeding $20,000
- Up to one (1) year of probation
If the prosecutor can prove you had the criminal intent to make multiple sales, the court will impose the above standard penalties for each sale. For non-citizens, a conviction under this statute could lead to deportation.
If you have at least one (1) felony conviction for a drug-related crime on your record, you should expect an additional and consecutive three (3) years of jail time on top of the above standard jail time. Other detrimental consequences of a conviction under HS 11351 include challenges in:
- Securing reliable employment
- Securing a professional license
- Finding an apartment to rent
- Qualifying for university or college admission
With the help of a reliable defense attorney, you could qualify for probation instead of jail time. If you are an excellent candidate for probation or parole, you should be happy because you will avoid lengthy jail time. However, you have to be ready to comply with the set conditions, including:
- Consent to regular drug and alcohol screening
- Agree to regular check-ins with a court-appointed probation officer
- Agree to stay crime-free
- Agree to perform community service
- Pay the required fines
Legal Defenses Your Attorney Can Use to Challenge Your Charges Under HS 11351
After securing your freedom on bond, you should be ready to return to court to challenge the alleged charge at trial. If you present strong defense evidence, the judge could decide to drop or downgrade your charges. Below are examples of legal defenses your attorney could use to challenge your HS 11351 charges:
You are a Victim of Illegal Search and Seizure by the Police
The police can violate your constitutional right to stay free from illegal search and seizure, leading to a wrongful arrest. For instance, by doing the following:
- Conducting a search that is beyond the scope of their warrant
- Conducting warrantless searches on your person, vehicle, or house
- Making an illegal detention
If your attorney suspects that you could be a victim of an illegal search by the police, he/she can file a motion to suppress evidence under Penal Code 1538.5 PC. If this motion works in your favor, the court will dismiss your HS 11351 charges or reduce them to a lighter offense with less severe penalties.
The Drugs in Question Were Not in Your Possession
You will not be guilty under HS 11351 if your attorney cannot prove that the drugs in question were in your possession. If your defense attorney can prove the drug in question belonged to another person, or you were unaware of their presence, you would not be guilty under this statute.
You are a Victim of Police Entrapment
Police entrapment occurs when law enforcement officers induce you to commit a crime that you would not otherwise commit if they did not lure you to do so. If your attorney can prove that the police induced you to commit the offense you are up against, the judge could drop or reduce your charges to a light offense.
The Prosecutor's Evidence Against You is Insufficient
To secure a conviction against you under HS 11351, the prosecutor must prove all the elements of the crime beyond a reasonable doubt. If he/she cannot do so, the court will likely reduce your charges to a less serious offense.
How to Find a Reliable Bondsman After an Arrest for an HS 11351 Violation
If you are arrested as a suspect in a case involving illegal possession of controlled substances for sale, you should find a reliable bail bondsman to secure a quick release from jail. Below are crucial tips to consider when searching for a trustworthy bail bondsman to help you post a bail bond after an arrest for a drug-related offense:
Whether He/she is Available 24/7
An arrest is an unexpected event that can occur at any time of the day, even at night. If your arrest occurs at night, you should find a bondsman who can immediately offer you the bail bond services you need to secure your freedom.
The Bondsman's Experience
Posting drug-related bail bonds could be challenging and complicated. To make the process hassle-free and secure your freedom without delay, you should speak with a reliable bondsman with experience offering bail bond services to defendants with similar charges.
Whether He/she Has Flexible Payment Options
Since the bail price for HS 11351 charges could be high, the bail bonds premium could be unaffordable. For that reason, you should find a reliable bail bondsman who can offer you flexible options to clear their premium hassle-free on installments through your preferred means of payment.
For instance, a reliable bondsman could allow you to settle his/her premium using cash, a banker's check, bitcoin, or PayPal.
Find a Bail Bondsman Near Me
Securing your release from jail after an arrest as a culprit in a criminal case involving unlawful possession of controlled substances for sale under HS 11351 will likely require you to post bail. If you cannot afford the court-set bail price for your HS 11351 charge, our bail bondsman at Justice Bail Bonds can offer you bail bond services to secure your freedom immediately.
Call us at 714-541-1155 to schedule your first appointment with us for speedy bail bond services, wherever you are in Temecula.
