If you bring a prohibited item into a California jail or prison, you could be charged with a felony
If you have a loved one who is currently incarcerated, you may be tempted to bring them something when you visit — at their request or on your own initiative. Unfortunately, doing so may lead to criminal charges, even if the item is an over-the-counter medication or you believe that it is necessary for them.
Under California law, it is a crime for a person to knowingly bring contraband into a jail or prison. Contraband includes both alcohol and any drugs other than controlled substances. Examples of these drugs include over-the-counter medications and prescription medications. As a criminal defense lawyer in San Bernardino, CA can explain, bringing controlled substances into a jail or prison is a separate criminal offense.
Perhaps the most important element of this crime is that it requires evidence that you acted knowingly. In other words, if you did not know that you were bringing contraband into a jail or prison, that is a defense to the criminal charge. In addition, the item must have been contraband, which means alcohol or drugs (other than controlled substances). If you bring something into jail that may not be permitted, but isn’t contraband, then you cannot be charged with this crime.
In addition, an experienced criminal defense lawyer in San Bernardino, CA may be able to argue that you acted under duress (i.e., that someone made you do it). For example, if another inmate threatens to kill your loved one inside of prison or even threatens to kill you using contacts outside of prison unless you bring drugs or alcohol to the facility, that may be a defense to the charge.
Bringing contraband into a jail or prison is a felony offense. It is punishable by imprisonment in California state prison for 16 months, 2 years, or 3 years. Alternatively, a judge may impose a period of probation in lieu of jail time.
If you bring a controlled substance into jail, such as cocaine or heroin, then you may be charged with a separate offense. Like bringing alcohol or other drugs into this type of facility, this crime is a felony. It is punishable by up to 4 years imprisonment.
Importantly, jail guards and others who work at a prison or jail may be charged with this crime. There are specific policies and procedures in place for people who work at a prison to bring something like an over the counter or prescription medication into the facility. If they violate those procedures, they could be charged with a criminal offense — particularly if the purpose of the violation was to provide alcohol or drugs to inmates. For example, if a jail guard sneaks alcohol into the jail to sell it to inmates, he could be charged with this crime.
If you have been charged with bringing contraband into a jail or prison or any other crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced criminal defense lawyer in San Bernardino, CA.
