H&S C 11366.8

H&S C 11366.8

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; 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

H&S C 11366.8

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.

2024-11-08T17:59:21+00:00Updated November 8th, 2024|