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first time offended 11378/11379 Alcohol & Drugs: MIP, MIC, Intoxication

Discussion in 'Criminal Charges' started by hrdndvr, May 9, 2001.

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  1. hrdndvr

    hrdndvr Law Topic Starter New Member

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    county of riverside california just reemed me. :eek:

    as far as i can tell the two counts are the same 11378/11379 except for this one part on 11379 in this document they gave to me (this being the first documentation or formal paperwork i haved received this whole time) it says "...and posses for sale a substance containing 28.5 grams of methamphetamine and more of methamphetamine and 57 grams and more of a substance containing methamphetamine, within the meaning of penal code section 1203.073, subdivision B,subsection 2" what does this mean? and what is it? also they won't give me or allow me to have a copy of the police report till they change it and make a copy,and i will have to request it before the next court date so they will have it there. why? :mad:
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Secction 1203.073 reads:

    2) Any person who is convicted of violating Section 11378 of the Health and Safety Code by possessing for sale, or Section 11379 of the Health and Safety Code by selling a substance containing 28.5 grams or more of methamphetamine or 57 grams or more of a substance containing methamphetamine.

    This means they are claiming that you either sold or possessed for sale the above mentioned amount of the substance that would violate either of the two provisions.

    Sections 11378 and 11379 deal with <b>possession</b> of the kind of substances that are dealt with by this section. 11378 says "...every person who possesses for sale any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) ..." so the drug is some kind of controlled substance,

    11379 deals with <b>sale or transport or provision</b> and reads "...every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance which is ..."

    In summation, if you sold, possessed, transported, or basically provided this illegal substance which is listed, you would be guilty. If you want to prepare for court, be prepared to challenge the prosecution's ability to prove that you did one of the above with regard to the controlled substance.
     

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