Smuggling Drugs into Prison
The penal code criminalizes all kinds of acts, and among those are drug offenses. Many of those convicted of using or possessing controlled substances (illegal drugs) are sent to California state prisons or jails. However, while they have been sent to prison, they may not have received the proper drug addiction counseling they needed in order to not use drugs in the future. As such, there can be high demands for the import of drugs into prison facilities. However, such acts are illegal.
Regardless of the reason for the act, bringing a controlled substance into a jail or prison is a crime according to California Penal Code 4573. While the law doesn’t discriminate against punishing those who do this act for monetary gain or as a favor for a friend in jail, it does require knowledge. The prosecution must prove that the defendant knowingly brought in the controlled substance. If a controlled substance, like cocaine, is found on a person, but they can prove their lack of knowledge, it will be very hard for the prosecution to meet its burden.
There are other charges that can be applied to this crime, but there are also instances in which a controlled substance can be brought in to a prison. For example, if the warden of the state prison provides authorization for the importation of a controlled substance, there would not be a violation of PC 4573. If a person is charged with bringing a controlled substance to a jail/prison, it is important that they know of the punishments. A guilty verdict brings with it a felony conviction, with possible jail time of up to four years. Receiving a felony conviction is a serious offense on a criminal record, which is why those accused of the crime should be represented by experienced criminal attorneys.
