Offense
Possess, use, or construct a false compartment for hiding, storing, transporting, or smuggling a CS in a vehicle
Aggravated Felony (AF)
Assume divisible as an AF: Plead specifically to transport, store, or hide, do not plead to smuggling and do not create a vague record (e.g,, do not just track the statutory language).
Crime Involving Moral Turpitude (CIMT)
Assume smuggling is a CIMT, but not not storing or transporting for personal use
Other Removal Grounds
Overbroad as to CS grounds because it applies to any California ‘controlled substance.’ But assume it is divisible and plead to a specific “good” substance, such as khat or even a CS “analog.” See discussion at 11377
Additionally, this might lead DHS to charge inadmissibility for “reason to believe” involvement in drug trafficking, especially if a large amount
Advice and Comments
This is not a good plea, but it is better than sale or possession for sale (11351, 11352, 11378, 11379) because it can avoid an AF and the minimum conduct does not include intent to traffic.
See discussion of defense strategies for drug charges in general at 11377, below.
SB54: Felony drug offense permits law enforcement to notify/transfer to ICE for 15 years. Misdemeanor drug wobbler permits this for 5 years.
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.