H&S C 11368

H&S C 11368

Offense

Forged prescription to obtain narcotic drug

Aggravated Felony (AF)

Assume AF as federal drug analogue but 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

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/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, use PC 1203.43 to eliminate the DEJ “conviction.” See 11377.

2020-10-22T16:35:58+00:00Updated January 29th, 2020|