Offense
Forged prescription to obtain narcotic drug
Aggravated Felony (AF)
Assume AF as an analogue to a federal drug felony. See Advice re possession.
See B&P C 4342
Get 364 days or less to avoid an AF as forgery.
See Advice.
Crime Involving Moral Turpitude (CIMT)
Assume CIMT, except maybe not if possession only.
Other Removal Grounds
Deportable and inadmissible CS offense, unless PC 1000/DEJ solution. See Advice.
Advice and Comments
Review CS defenses at Advice for 11377 before pleading to this offense.
AF. Obtain or acquire CS by fraud is an AF as analogue to 21 USC 843(a)(3). (If possessing a drug acquired by fraud is punishable under 11368 but not punishable under 843(a)(3), then 11368 may not be an AF.)
Try to plead to B&P C 4342, which is not a CS offense. Or plead to simple possession plus another offense such as 529(a)(3), 530.5, PC 32, fraud, or (with 364 days or less imposed) forgery.
PC 1000/former DEJ. 11368 is eligible for current pretrial diversion and prior DEJ if drug was obtained by fictitious prescription for use only by D. If D can complete the program, consider pretrial diversion. If D completed or can complete prior DEJ (under PC 1000 between 1997-2017), use PC 1203.43 or, better, PC 1473.7(E)(2) to eliminate the DEJ “conviction.” See 11377.
SB54: This felony conviction permits law enforcement to notify/ transfer to ICE indefinitely. The misdemeanor conviction permits law enforcement cooperation for 5 years. See SB 54 advisory at www.ilrc.org/crimes-summaries.
Mandatory Detention: People not admitted to U.S. are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.