In order to prevent the commitment of new possible crimes in custodial facilities. California Law criminalizes actions of bringing contraband to those facilities. Penal Code 4373.5 PC defines it as a felony to bring contraband into a state prison, prison farm, prison camp, or other custodial facilities where authorities hold prisoners. This applies to any manner, shape, form, dispenser, container, or instrument for injection without proper authority under the facility's rules.
Contraband, under Penal code section 4373.5 PC, are alcoholic beverages and drugs other than controlled substances. Examples of such drugs can be cough and cold medicines, pain relievers, cough suppressants, etc., as well as medication prescribed to treat different medical conditions, such as infections, diabetes.
The main element of the crime is the intent of the person to commit it, in other words, the person shall knowingly bring the contraband to the jail. Let’s consider this example. You bring clothes to the jail, however before you reach the place, someone drops off a small bottle of vodka into the box with clothes. In case you can prove that you were not aware of how the bottle of vodka can appear in her box with clothes, you can be released from punishment. It shall also be considered that prohibitions and sanctions shall be clearly posted near and outside of the detention facilities.
Let’s consider the following scenario. You bring ibuprofen to your friend because you are aware that only this pain reliever is effective for him. Then, when charged for violation of Penal Code section 4373.5 PC, you claim that you were not aware that law prohibits bringing to jail this drug and you only had the intent to help your friend. You cannot rely on ignorance of the law because the rule and its sanctions exist outside the jail.
You cannot rely on ignorance of the law because authorities wrote the rule and its sanctions outside the jail. It is punishable in state prison for 16 months or 2 years or 4 years, depending on the circumstances, as well as the criminal history of the person committing the violation. The judge can also award with a felony or formal probation.
Another related offense is the violation of section 4573.6 of the California Penal Code. The section stands for bringing controlled substances to the prison, jail, any detention facility knowingly.
US "Controlled substances act" regulates the manufacture, possession of such controlled drugs. Examples of these are heroin, cocaine, or drugs similar to them. If the violation is charged as a felony and is punishable by imprisonment for up to 4 years in county jail.
If charged under Penal Code 4373.5 PC for bringing contraband into a jail or prison, consult a Los Angeles criminal California Penal Code 4373.5 PC makes it a felony to bring contraband into custodial facilities, aiming to prevent new crimes in jails and prisons.nal defense attorney. For more information contact Los Angeles Criminal Defense Attorney at KAASS LAW. (310) 943-1171 We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205. Additional offices in Los Angeles located at 633 West 5th St 26th Floor, Los Angeles, CA 90071.
Despite the seriousness of the consequences, a defendant has the right to defend himself against the charges. Here are some possible legal strategies: 1. Lack of intent One of the key elements of the crime is the presence of intent to bring illegal substances or items into the prison. If the defense can prove that the defendant did not realize that the item was a prohibited item, this may be grounds for dismissing or reducing the charges. For example, if the defendant was carrying someone else's bag, was unaware of its contents, and had no intent to violate the law. 2. Failure to Give Notice of Prohibitions While ignorance of the law does not absolve one from liability, the defense may allege a lack of proper notice. The law requires that warnings of the prohibitions and possible penalties be posted in conspicuous places on the premises. Failure to post such notices may be used as a mitigating factor. 3. improper handling of evidence As in other criminal cases, any irregularities in the process of:
Can lead to the exclusion of evidence from the case. If the defense can prove that the contraband was seized as a result of an illegal search, it could have a significant impact on the outcome of the case.
Prosecuting these cases is complex and requires a professional approach. A violation of PC 4373.5 can result in lengthy incarceration and a criminal record that will affect:
And other areas of life. If you or a loved one is facing charges under California Penal Code Section 4373.5 PC, it is important to consult with an experienced attorney immediately. The legal team at KAASS LAW is experienced in defending clients charged with smuggling into detention facilities and is prepared to provide a quality defense at all stages of the case.
“Miranda rights” or otherwise “Miranda warning” comes from the 1966 U.S. Supreme Court case Miranda vs. Arizona. The judgment of this case was precedential since it set up several procedural requirements that are to be followed by the law-enforcement bodies while arresting and interrogating a suspect. Meanwhile, the procedural safeguards are considered to be the rights vested to the defendant.
Especially, the Court held that defendant must be warned before any questioning that:
The conjunction of these four procedural safeguards constitutes Miranda rights, which shall be enjoyed by everyone. They apply to all criminal proceedings, including cases comprising offenses of driving under the influence (“DUI”). Not only should the defendant be informed of his/her Miranda rights, but also they are to be fulfilled without hindrance. This means that the mere announcement of Miranda rights by law-enforcement bodies does not suffice. The defendant shall enjoy the consequences of Miranda rights. So if the police explain Miranda rights to the suspect, but then start to question him ignoring his refusal to be questioned or his request to call his lawyer, the essence of Miranda rights will be impaired.
To obtain Miranda rights, the defendant must gain special status. In Miranda case the court established that the presence of the following two conditions is a must:
As of DUI arrests, the road police are not necessarily required to give Miranda warning before carrying roadside DUI investigation. In case a DUI investigation is accompanied by an arrest and interrogation of a driver, a Miranda warning should be given.
One does not need to be read a Miranda warning to gain the right to exercise it. In that regard, drivers may be well informed about their rights and responsibilities. At least, they may learn it from action movies. Nevertheless, Miranda rights need to be invoked clearly in order to achieve them. The way of invocation does not matter, someone might say “I want to remain silent”, “I want to call my lawyer”, or “Please, provide a lawyer”.
The police will probably ask you if you understand your rights after reading them to you after the Miranda warning. The police will then give you the option to surrender your rights if you want to cooperate with their investigation. You might have to sign a Miranda waiver in order to give up your rights. Insist on your right to stay silent when the police ask you whether you wish to renounce your rights. You might be able to renounce your Miranda rights without actually signing a waiver by making an implied waiver instead. As long as your statement is voluntary and you have been informed of your Miranda rights, it may be presumed in this situation. The suspect may waive his Miranda rights. The waiver must be clear and affirmative․ It should be accepted in case the police are confident in the following:
In the event Miranda rights are somehow violated, a DUI defense attorney can submit a motion to suppress evidence referring to section 1538.5 of the California Penal Code. If the motion is granted, the evidence obtained in violation of Miranda rights (statements of the defendant) is considered inadmissible in the court proceedings and the judge throws it out of the lists of evidence.