Individuals caught concealing or attempting to conceal drugs in false compartments risk facing criminal prosecution under Health and Safety Code 11366.8. This legislation is part of broader efforts to counter drug-related crimes. It penalizes those who use or construct hidden spaces in vehicles intending to store, conceal, smuggle, or transport controlled substances.
These legal measures target actions that hinder the government's anti-drug trafficking initiatives. The establishment and use of false compartments can complicate law enforcement's task of detecting and preventing the transportation of controlled substances.
What Health and Safety Code 11366.8 Criminalizes
Before addressing how false compartments are created to conceal drugs, let us first look at how HSC 11366.8 defines concealing drugs in a false compartment.
HSC 11366.8 makes it a crime to engage in the possession, use, or control of a false compartment with the intent to conceal, store, smuggle, or transport a controlled substance within it.
HSC 11366.8 (b) also targets individuals designing, altering, constructing, building, or fabricating false compartments. This includes installing or attaching a false chamber to a vehicle to store, smuggling, concealing, or transporting a controlled substance.
Note: The law addresses both possession and creation of false compartments for illicit drug-related activities, and those found in violation may face legal consequences.
How False Compartments Are Created
The term "false compartment" covers various methods of hiding controlled substances within or attached to a vehicle. Examples include:
- Concealing Drugs in Modified Fuel Tanks
Concealing drugs in modified fuel tanks entails changing the original design of a vehicle's fuel tank to establish a hidden compartment for storing controlled substances. This process usually involves individuals altering the interior of the fuel tank. These modifications include changing the structure, adding partitions, or creating false walls within the tank to hide drugs discreetly and avoid detection.
- Altering Original Factory Equipment
Modifying original factory equipment involves changing the components of a vehicle installed by the manufacturer. The goal is to create concealed spaces within the car to hide controlled substances.
This process includes altering the interior structure by adjusting panels, adding false walls, or creating secret compartments in existing storage spaces. To avoid detection, those making modifications strive to maintain the vehicle's external appearance, ensuring changes are discreet and do not affect normal functioning.
- Adding New Compartments to Existing Vehicle Spaces
Adding new compartments to existing vehicle spaces involves modifying the interior structure. The new compartments do not significantly change the vehicle's external appearance to avoid suspicion. The aim is to seamlessly integrate the new storage spaces, making them challenging to detect.
The common target areas for these compartments vary and include:
- Under seats.
- Within the trunk.
- Behind or inside panels.
- In the car’s ceiling or roof spaces.
- Within existing storage spaces like glove compartments or center consoles.
- Underneath the vehicle and.
- Within seat cushions.
Defenses You Can Use to Fight the Concealing Drugs in a False Compartment Charges
Engaging an attorney is the initial and crucial step when confronted with the charge of concealing drugs in a false compartment. Experienced criminal defense attorneys offer vital assistance in helping you understand the charges. They explain your legal rights and devise a defense strategy tailored to your situation.
The following are some of the common defense strategies your attorney could use:
- You Were Entrapped
The entrapment defense is a strategy to challenge the charges by asserting that law enforcement induced or persuaded you to commit the crime. The core argument is that you were not predisposed to engage in this crime independently and that your involvement resulted from pressure from law enforcement.
To establish entrapment, you need to present evidence indicating that law enforcement actively induced your participation in concealing drugs in the false compartment. This could involve tactics like persistent persuasion, coercion, or explicit encouragement. The emphasis lies in demonstrating that your actions were directly influenced by law enforcement rather than being a product of your predisposition to commit the crime.
The defense relies on both subjective and objective tests.
The subjective test evaluates your state of mind and predisposition. It emphasizes that you were not inclined to commit the offense independently. The objective test considers whether law enforcement's actions would induce an average person to commit the crime, regardless of their predisposition.
Compiling compelling, objective evidence is crucial to supporting the entrapment defense. This evidence includes communication records, witness statements, or documentation highlighting law enforcement's role in inducing your actions. Additionally, presenting evidence that underscores your lack of predisposition to engage in similar criminal activity independently strengthens the entrapment defense.
- Your Confession Was Coerced
Claiming that your confession was coerced is a legitimate defense against charges related to concealing drugs in a false compartment. If you believe that law enforcement used improper tactics, threats, or intimidation during the interrogation process, it could significantly impact the admissibility of your confession in court.
One avenue for challenge is examining whether your Miranda rights were properly communicated during the interrogation. If law enforcement failed to inform you of your right to remain silent or your right to an attorney, this could strengthen your argument that the confession was obtained improperly.
Violations of Miranda rights can be crucial in asserting that your confession was coerced.
The defense centers on establishing that your confession was not voluntary and was obtained under duress or coercion. Your attorney may explore the interrogation's circumstances, looking for signs of force, threats, or other improper tactics that could have influenced the confession. The voluntariness of a confession is a critical factor in determining its admissibility in court.
If there is a recording of the interrogation, it becomes a valuable piece of evidence in evaluating the coercion claim. Your attorney will carefully review the recording to identify coercion. He/she will use it to support the argument that the confession should be deemed inadmissible.
In presenting your case, your attorney could employ legal arguments. He/she could cite relevant case law, statutes, or constitutional provisions safeguarding individuals from coerced confessions. The success of this defense strategy hinges on your case's specific facts.
Your attorney should be able to assess the details of your situation and craft a defense tailored to your circumstances. Additionally, he/she should guide you through the legal proceedings.
- Lack of Intent
Arguing a lack of intent can be a strong defense against charges related to concealing drugs in a false compartment. The core of this defense is establishing that, at the time of the alleged offense, there was no intention to use the false compartment for illegal activities, specifically concealing, transporting, or smuggling controlled substances.
To support the lack-of-intent argument, provide compelling evidence that indicates a lack of awareness or intention regarding the illicit use of the false compartment. This evidence is vital in countering the suggestion that you knowingly engaged in criminal activities.
In addition, you must offer context and details about the circumstances surrounding the false compartment. If there are legitimate reasons or factors explaining its existence that do not align with criminal intent, communicate them. This contextual information helps create a more comprehensive understanding of the situation.
Including witness testimonies further strengthens the lack of intent defense. Witnesses aware of the false compartment can confirm its intended use for legal purposes. They add credibility to your assertion that the compartment was not designed or used for criminal activities.
Penalties Outlined Under Health and Safety Code 11366.8
Violations of HSC 11366.8 are wobblers, meaning you could face misdemeanor or felony charges. Your criminal history and case facts play a significant role in determining the charges you will face.
If prosecutors pursue misdemeanor violation charges, a conviction results in the following penalties:
- A jail sentence of up to one year, or
- Misdemeanor or summary probation.
On the other hand, if prosecutors pursue felony violation charges, a conviction results in the following penalties:
- A jail sentence of 16 months, 2 or 3 years, or
- Felony or formal probation.
Offenses Related to Concealing Drugs in a False Compartment
Prosecutors have the discretion to incorporate various charges on a charge sheet concerning allegations of concealing drugs in a false compartment. In these cases, prosecutors could opt to add related charges alongside the primary charge of concealing drugs in a false compartment. Alternatively, they could opt to pursue them as separate charges. This decision is contingent on the specific circumstances and available evidence.
- Possession for Sale of a Controlled Substance
Possession for sale of a controlled substance, under the Health and Safety Code (HSC) 11351 in California, constitutes a criminal offense involving the unlawful possession of a controlled substance with the intent to sell, furnish, administer, or give it away. This statute is specifically designed to address individuals who possess controlled substances for distribution or sale rather than personal use.
HSC 11351 covers a broad spectrum of controlled substances, including illegal narcotics and certain prescription medications.
Common controlled drugs include:
- Cocaine.
- Opiates.
- Opiate derivatives.
- Peyote.
- LSD.
- Heroin.
- Gamma-hydroxybutyric acid (“GHB”), and
- Various hallucinogenic substances.
Additionally, the law extends its reach to prohibit individuals from possessing or purchasing certain prescribed drugs for sale. Common drugs under this category include:
- Codeine.
- Oxycodone (OxyContin), and
- Hydrocodone (“Vicodin”).
Prosecutors must establish critical elements to secure a conviction under this law. This involves proving that:
- You possessed or purchased the drug.
- You were aware of these actions.
- You understood the nature of the drug as a controlled substance.
- You had a quantity of the drug indicative of potential use or sale, and
- Importantly, you either possessed the drug with the intent to sell it or purchased the drugs with the intent to resell them.
These criteria collectively form the foundation for establishing guilt under the law.
Penalties for Possession for Sale of a Controlled Substance
Possessing controlled substances for sale is a felony violation. Convictions result in the following penalties:
- Probation and up to a year in jail or
- An imprisonment sentence of up to five years in county jail.
- Possible fines of up to $20,000, with the possibility of going as high as $8 million, depending on the weight of the drugs found in your possession.
- Operating a Drug House
Operating a drug house, as outlined in the Health and Safety Code (HSC) 11366, is a crime. This offense involves the management or use of a location for the illicit manufacturing, storage, distribution, or usage of controlled substances. This statute addresses situations where properties, for example, houses or buildings, become hubs for unlawful drug-related activities.
Under HSC 11366, it is unlawful to oversee or control a location with the knowledge that it is being used for the unauthorized production, storage, distribution, or use of controlled substances. The law encompasses various activities associated with running a drug house.
Prosecutors must prove several vital elements to secure a conviction against you. These elements include:
Knowledge and Control
Prosecutors must show that you were aware of the drug-related activities at the location and exercised control over the premises. This involves establishing your ownership, lease, or control over the property.
Drug-Related Activities
The state must show that the location was used for unlawful activities related to manufacturing, storing, distributing, or using controlled substances. This could involve presenting evidence like drug manufacturing equipment, significant quantities of controlled substances, or other signs of drug-related operations.
Intent
Prosecutors often need to demonstrate your intent to use the property for illegal drug-related activities. This involves showing a pattern of behavior or specific actions indicating your knowing facilitation of drug-related operations at the location.
Actual Use
Prosecutors need to illustrate that the location was actively used for drug-related activities. They should present evidence of ongoing drug transactions, the presence of drug paraphernalia, or surveillance observations.
Criminal Knowledge
Establishing that you were aware the activities were unlawful is crucial. This knowledge is fundamental to proving your culpability for operating a drug house.
Penalties if Convicted of Operating a Drug House
A violation of HSC 11366 is a wobbler offense.
Should you be convicted of misdemeanor charges, you will face the following penalties:
- A jail sentence of up to one year
- A fine not exceeding $1,000.
On the other hand, should you be convicted of felony charges, you will face the following penalties:
- A jail sentence of up to three years.
- A fine not exceeding $10,000.
- Manufacturing Narcotics and Drugs
Health and Safety Code 11379.6 specifically addresses the unlawful manufacturing of drugs and narcotics. This statute prohibits engaging in activities including the chemical synthesis, production, or compounding of controlled substances, commonly referred to as drug manufacturing.
Under HSC 11379.6, you can face charges for manufacturing drugs and narcotics if you are involved in activities like:
- The chemical creation of controlled substances.
- The physical production or cultivation of certain substances or
- The mixing and combining of various substances to create controlled substances.
The statute targets those participating in the illicit production of drugs. It covers a range of controlled substances, including narcotics, stimulants, depressants, hallucinogenic substances, and other dangerous drugs. Some of the common drugs considered include the following:
- Marijuana.
- Ecstasy.
- PCP.
- Heroin.
- Cocaine.
- LSD, and
- Methamphetamines.
To convict you under Health and Safety Code (HSC) 11379.6, the prosecutor must prove specific elements:
Engagement in Manufacturing Activities
The prosecution needs to show that you actively participated in manufacturing, producing, compounding, or preparing a narcotic or that you offered to do so.
Knowledge of Narcotic Nature
Prosecutors must establish that you were aware of the substance's nature as a narcotic. By proving this, they will show the jury your awareness of its illegal and controlled status.
Importantly, completing the entire drug-making process is not necessary for guilt. You can be deemed guilty if the prosecutor can demonstrate your knowing participation in the early or intermediate stages of producing a narcotic.
Penalties if Convicted for Manufacturing Narcotics and Drugs
Manufacturing drugs, or narcotics, is a felony offense. Convictions are punishable by the following penalties:
- A prison sentence of 3, 5, or 7 years.
- A fine of up to $50,000.
- Formal probation instead of a prison sentence.
There are some aggravating factors the judge will consider in his/her final decision. If present, he/she will likely opt for the maximum penalties. Some of the factors include:
- Your criminal history of drug-related offenses.
- A significantly large quantity of drugs.
- Whether there was a minor below the age of 16 close to where the drugs were manufactured or
- There was a victim who died or was seriously injured.
Find a Criminal Defense Attorney Near Me
The grave consequences associated with concealing drugs in a false compartment are clear. Enlisting the services of a seasoned criminal defense attorney in Los Angeles can be crucial to effectively challenging these charges.
The LA Criminal Defense Law Firm team has the necessary expertise to navigate the intricacies of the legal system adeptly. We will examine the evidence and craft a robust defense strategy tailored to the specific details of your case. If you are confronted with these grave charges, contact us at 310-935-1675 and let us protect your rights and pursue the most favorable outcome in your legal proceedings.
