HS 11357

Commonly referred to as "Possession of Less than One Ounce of Marijuana", this common drug offense may be charged as either an Infraction (Non-Criminal Offense) or a Misdemeanor. The maximum punishment for this crime is one year in jail. The DMV may also suspend the defendant's driver's license if he or she is under 21 years old.

HS 11358

Commonly referred to as a "Cultivation" case, this drug offense is classified as a felony and is punishable by 16 months to 3 years in state prison. While the courts seem to be easing up on those persons who use or smoke marijuana, the courts treat those who cultivate or grow marijuana very severely with regards to punishment.

HS 11359

Referred to as "Possession for Sales", this offense may be charged by itself or in conjunction with HS 11358. As with cultivation cases, the courts treat persons accused of selling marijuana very seriously. These cases are considered to be felonies and carry a 16-month to 3-year prison sentence.

HS 11360

Commonly referred to as "Transportion" or "Transportation of Marijuana" cases; this felony usually involves the use of a motor vehicle to transport very large quantities of marijuana. Typically, these cases occur at the U.S.- Mexican border. If the case is filed in state court, the sentence range is 2 to 4 years in state prison. If the quantity of marijuana is extremely large and the DEA makes the arrest it becomes a federal offense. Federal sentencing laws are too complex to outline here; but as a general rule, the sentences are much longer in federal court than in state court.

HS 11364

Commonly called "Paraphernalia" cases, these offenses are misdemeanors. HS 11364 may be charged alone, but is frequently charged in conjunction with HS 11377, HS 11550 and VC 23152(A) or VC 23152(B). The maximum punishment is one year in jail. The most common form of paraphernalia is a pipe. Other commonly used paraphernalia are: needles, syringes, roach clips and bongs.

HS 11368

Referred to as "Forged Prescription/RX" cases, these offenses are classified as "Wobblers". If a case is a wobbler, then a prosecutor has the choice of filing the case as either a misdemeanor or a felony. What determines whether a case is filed as misdemeanor verses a felony is usually the number of forged or altered prescriptions and whether the defendant has any other prior convictions. These cases are serious and carry a minimum 6-month jail sentence. Typically these cases involve people who were initially given a valid prescription from their doctor, but who subsequently became addicted to the drug.

HS 11370.1

This crime involves the combined possession of both drug(s) and firearm(s). Law enforcement as well as prosecutors have an extreme prejudice against those individuals who arm themselves and then possess or sell drugs. Courts consider these types of individuals to be dangerous to society and usually set their bail very high. This type of felony carries a prison term of 2 to 4 years.

HS 11377

Perhaps the most common drug offense, the HS 11377 is referred to as a simple "Possession" case. This type of charge occurs when one is accused of having a controlled substance either on his person or under her dominion and control (eg: backpack, purse, car or apartment). The most common substance is methamphetamine or "meth" or "crystal". These cases are "wobblers" in that they can be filed as either a misdemeanor or a felony. If filed as a misdemeanor the maximum punishment is one year in jail. If the case is filed as a felony the punishment range is 16 months to 3 years in state prison. Fortunately, attorney Orsatti can often keep his client from doing any jail/prison time in these types of cases. If the case is a first offense, Attorney Orsatti may be able to get the case dismissed after 18 months of good behavior. Whether or not a case is initially filed as a felony or a misdemeanor usually depends on two things: 1) the quantity or amount of controlled substance and  2) whether the accused has any prior drug convictions.

HS 11378

Commonly referred to as a "Sales" or "Possession for Sales" case, these cases are felonies and carry a 16 month to 3 year prison sentence. Note that a person accused of "Sales" is ineligible for certain alternatives such as:  1) Deferred Entry of Judgement  (aka - DEOJ or PC1000) or  2) Proposition 36. Also note that a person who does NOT sell drugs may be charged with "Sales" if he or she is caught with an amount of drugs greater than the law considers for personal use. In other words, the DA does not have to prove that you actually sell drugs in order to charge and convict you of "Sales". The DA only has to prove that the amount of drugs in your possession exceeds the amount considered for personal use.

HS 11379

Referred to as "Transportation" cases, these cases usually involve the defendant being stopped while driving a motor vehicle and then found to be in possession of a controlled substance. Note that unlike HS 11360 cases (Transportation of Marijuana), an individual charged with HS 11379 does not have to be transporting large quantities of a controlled substance. These cases are classified as felonies and carry a prison sentence of 2 to 4 years.

HS 11383

These "Manufacture" cases usually involve a person possessing the chemicals used to produce methamphetamine. They are very serious cases and carry prison sentences of 2 to 6 years.