Bringing Contraband into a Jail or Prison

After a conviction, most people enjoy visiting their close relatives in county jails and prisons. However, some find themselves in a predicament after attempting or taking alcohol, drugs, or other contraband into the correctional facilities. Bringing contraband into a prison or jail is an offense outlined under the California Penal Code 4573.5. You should seek the services of a competent attorney if you are accused of violating this statute. It can be tough to challenge these charges solely. A conviction can affect you for your entire life. At the Law Offices of Anna R. Yum, we have committed attorneys who can make fighting your charges in San Diego less overwhelming.

Understanding Penal Code 4573.5 PC

Under Penal Code 4573.5, knowingly taking contraband into prison or jail is an offense. This law is intended to maintain the order and safety of correctional facilities and prohibit the introduction of unlawful items that can endanger visitors, staff, and inmates or disrupt operations.

According to Penal Code 4573.5, contraband involves items barred in correctional facilities. This law concentrates on items like any form of alcoholic beverage. It also covers non-controlled substances. In this case, some drugs or medications might not qualify as controlled substances but are still illegal unless adequately authorized. They include:

• Over-the-counter medications
• Prescription medications for conditions like diabetes and high blood pressure

Penal Code 4573.5 prohibits the above medications unless prescribed and disclosed lawfully.

However, controlled substances like heroin or cocaine are covered under a different law, Penal Code 4573, which attracts its own set of punishments. You will face severe repercussions if you are found guilty of charges under Penal Code 4573.5. The penalties can include a permanent felony record and a sentence in a state prison. However, seeking a competent criminal defense attorney’s services can be helpful. An attorney will assess the specifics of your charges and develop a strong defense to fight the allegations against you. The potential outcomes of your case can include alternative sentencing options, dismissal, or reduction of your charges.

Examples Of Offenses Under Penal Code 4573.5

The following are some of the violations you can be charged with under Penal Code 4573.5:

Unknowingly Transporting Contraband

Your friend can request you to take a package to a jail or prison without the knowledge that it has illegal items like medication not prescribed to the inmate. You can avoid charges under Penal Code 4573.5 if you provide sufficient evidence that you did not know the packaged items. You can only face charges under this law if you show intent and knowledge of the contraband.

Trying To Smuggle Contraband During Booking

The police can arrest and put you behind bars upon being suspected of committing an offense. Usually, the police must establish that you are not hiding liquor or other contraband in your belongings during the booking process. You could face the charges for knowingly attempting to introduce contraband into the correctional facility even if you were not trying to bring the item for another inmate.

Sending A Contraband Through Mail

You can mail prohibited medications or alcohol to an inmate in a jail or state prison. This is an offense under Penal Code 4573.5. This statute prohibits both sending and physically taking contraband into jails or prisons.

Concealing Drug Paraphernalia

Someone can attempt to sneak a syringe or other item intended for drug use into a correctional facility. A syringe or other drug paraphernalia can still be regarded as contraband under Penal Code 4573.5, even if it does not have a controlled substance. It is an offense because the syringe can be used to consume drugs unlawfully.

Introducing Non-Controlled Prescription Medications Without Authorization

You can be tempted to take over-the-counter medications like ibuprofen or aspirin to an inmate during visitation without obtaining approval or informing authorities in the correctional facility. These substances fall under contraband even if they are not controlled substances.

Taking Alcohol In A Correctional Facility

One can sneak a bottle of beer into a correctional facility to give to a friend in custody. It is a crime under Penal Code 4573.5 to knowingly take alcohol in a correctional facility.

Penalties For Penal Code 4573.5 Charges

Violating Penal Code 4573.5 is a serious crime in California. It is unlawful to knowingly take contraband, such as drug paraphernalia, non-controlled substances, or alcohol, into a correctional facility. This violation is categorized as a felony and attracts severe penalties.

Felony Classification And Penalties

You will face felony charges if you are guilty of violating Penal Code 4573.5. Felony charges can attract a jail term of 16 months, two years, or three years in a state prison. The period you will take to serve your sentence depends on the facts of your charges, including:

• Whether there are mitigating or aggravating factors, and
• Your criminal record

Serving Probation

Sometimes, the judge can grant you formal or felony probation rather than serving a jail term. In this case, you will remain in the community under supervision. However, you will be required to follow the following conditions:

• Submit to random alcohol or drug testing
• Restrictions on travel and counseling
• Court-ordered counseling or community service
• Regular check-ins with a probation officer

Your probation can be revoked, and you can be taken back into custody if you fail to comply with the above conditions.

Hefty Fines

You can face significant fines if you are convicted under Penal Code 4573.5. Specific amounts usually differ, but felony charges can attract thousands of dollars in fines.

Collateral Repercussions Of A Felony Conviction

You can experience long-lasting effects on your life if you are convicted under Penal Code 4573.5. For example, you are not allowed to vote if convicted under this law. You will also be barred from possessing or owning a gun.

Housing Challenges

House owners can reject your housing applications because of your felony record. Therefore, a conviction can make it challenging to secure tenancy.

Employment Challenges

It can be hard to secure employment if you have a felony record. This will happen if you seek jobs requiring background checks or positions of trust.

Immigration Repercussions

If you are not a U.S. citizen, you can be deported or face other immigration repercussions. This crime is always categorized as an offense involving moral turpitude.

Aggravating Factors

Some factors can enhance your penalties. For example, a record of criminal activity can lead to a prolonged jail term. The judge will also impose stricter penalties on you if the contraband causes violence, harm, or other offenses in the correctional facilities.

Other Sentencing Options

Sometimes, you can face other sentencing options like:

Community Service

The judge can impose community service or other restorative justice measures on you instead of a jail term.

Diversion Programs

You can qualify for a diversion program depending on your criminal record and the nature of the contraband. The purpose of the diversion program is to rehabilitate you instead of punishment.

Defenses To Penal Code 4573.5 Charges

Allegations of taking contraband into a correctional facility can be overwhelming. However, a skilled criminal defense attorney can guide and help you create the best defense strategy to fight your charges. Your attorney will develop the defenses based on the specific circumstances of your charges. Some of the applicable defenses can include the following:

You Are A Victim Of Mistaken Identity

Sometimes, the prosecutor can accuse an innocent person of taking contraband in a jail or prison. This defense will be admissible in court if your attorney can prove that someone else committed the offense. Law enforcement can discover contraband in a communal area during visitation and claim you are the owner. In this case, evidence like surveillance footage can come in handy in convincing the judge to dismiss your charges.

You Are A Victim Of Illegal Search And Seizure

Sometimes, the police can violate a suspect’s Fourth Amendment rights by doing an illegal search or seizure. In this situation, the court will dismiss any evidence gathered during the search. If this evidence is removed, the prosecutor will not have sufficient evidence to prove their case.

For example, a police officer can search your belongings and discover contraband without a warrant or probable cause. At this point, an experienced attorney can file a motion to suppress the evidence, potentially leading to the dismissal of your case.

You Acted Under Duress

This defense can apply when law enforcement forces an individual to commit a crime through coercion or threats. However, this defense can only be admissible in court if you prove that you acted under an imminent threat of death or severe injury and had no option. Someone can also threaten to harm you or close relatives if you do not yield to their demands of taking alcohol into a correctional facility. This defense can be valid if you provide sufficient evidence for this threat.

You Had Permission

With permission from the officer in charge of the correctional facility, certain items categorized as contraband can be entered, including prescription medications. The court can drop your charges if you show permission to take the items to jail or prison. For example, you can take prescribed insulin to a friend or relative in custody with the approval and knowledge of the jail officers. Under Penal Code 4573.5, this is not an offense.

You Had No Knowledge

The knowledge aspect must be evident to face the charges under Penal Code 4573.5. Your attorney can present this defense if you have no knowledge of contraband in your possession or if the item is illegal. Someone else can request that you take a package to an inmate without knowing it is prohibited medication. This defense can be valid because knowledge is a crucial element of the offense.

The Item Was Not Contraband

Showing that the alleged item does not meet the legal definition of contraband is one of the best defenses. Penal Code 4573.5 prohibits drug paraphernalia, non-controlled medications, and alcohol. You will be guilty of violating this statute if the item you took or sent to the correctional facility is not on this list. You can take over-the-counter vitamins to your family member in custody, believing it is harmless. Your charges will be dropped because vitamins are not among the contraband under Penal Code 4573.5.

Filing Intervention Defense

Effective defense starts before your case is filed in court. You should seek the services of an experienced criminal defense attorney if you believe the prosecutor is about to file criminal charges against you. An attorney will evaluate your charges and gather evidence, which can be used to your advantage before the case is filed. After carefully assessing your charges, an attorney can present enough evidence to the prosecutor. This evidence can easily dissuade the prosecutor from filing criminal charges against you.

Your criminal defense attorney should pursue early intervention for your charges. Timing is vital; reviewing your case immediately can help your attorney determine better legal options.

Additionally, avoid talking to law enforcement before consulting your criminal defense attorney. An attorney who understands prefiling intervention can negotiate with the police and prosecutor for the dismissal or reduction of your charges before the first court date.

Successful Pre-Filing Intervention Charges

The success of pre-filing criminal defense is essential for your future. Under California law, an arrest without filing the case in court means you can report to work or a license application that you have never been arrested. Only a successful legal defense can give you this direct empowerment.

Additionally, once the prosecutor files criminal charges against you, they will be on your record even if the judge dismisses or drops them later. Prospective employers and house owners will be able to see it. For this reason, your attorney must move fast to intervene. You will risk your future well-being if you delay.

Related Offenses

The following are other crimes that can be charged alongside Penal Code 4573.5 charges:

Bringing Drugs Into A Jail or Prison – California Penal Code 4573

It is a serious crime for you to take drugs in jails or prisons because of their associated risks to the security and safety of the correctional facilities. Law enforcement officers use different strategies to combat and prohibit the sneaking of drugs in correctional facilities. Some of the strategies they use include:

• Using drug-detection dogs
• Fighting staff corruption
• Surveillance, and
• Through searches

You can face severe consequences under the California Penal Code 4573 for attempting to sneak drugs into jails or prisons. Sneaking drugs into jails and prisons can have devastating repercussions, including:

• Endangering staff and inmates
• Possible compromise of security
• Issues of addiction and
• Inmate violence

Understanding Bringing Drugs To Jail or Prison

You will face felony charges under Penal Code 4573 if you intentionally take controlled substances or related items in a county jail or prison without permission. A controlled substance is a chemical compound or drug that the government controls because of its potential harm, addiction, or abuse. Controlled substances are categorized as follows:

Prescription Drugs

They include:

• Sedatives like Xanax
• Stimulants like Adderall
• Opioids like oxycodone
• Unlawful substances like meth, heroin, and cocaine

Penal Code 4573 covers individuals attempting to sneak drugs into jails and prisons as well as those attempting to sneak drugs into correctional facilities after being arrested. Some people try to sneak drugs into correctional facilities using the following means:

• Using drones to drop drugs within prison walls
• Engaging corrupt staff members who actively help in drug smuggling
• Concealing drugs on their person, like underpants and shoes

You can face the following penalties if you are guilty of violating Penal Code 4573:

• A jail term of two years, three years, or four years in a state prison
• Felony probation rather than imprisonment

The defenses you can present against your Penal Code 4573 charges include:

• It was a police entrapment
• No controlled substance
• You had no intent to take drugs in jail or prison
• You had no knowledge
• You had permission

Alcohol At A Public Educational Facility – Business and Professions Code 25608

It is an offense under BPC for you to give, deliver, sell, consume, or possess an alcoholic beverage while in a public schoolhouse. However, there are some exceptions to this law, including:

• If it is provided, possessed, or served as part of a culinary arts program
• If it is used in connection with a course of study and an individual is allowed to use, acquire, or possess it
• If it is served during an event where there are no students
• If it is being used as part of an instructional program in viticulture

Penalties

You can face misdemeanor charges if you are guilty of violating BPC 25608. Misdemeanor charges can attract the following penalties:

• A fine that does not exceed $1000
• A jail term that does not exceed six months in a county jail

The judge can also grant you misdemeanor probation instead of serving a jail term.

The defenses you can use to fight BPC charges include:

• You are a victim of illegal search and seizure
• Not on school grounds
• You are exempted

Rescuing A Prisoner – Penal Code 4550

It is a crime under Penal Code 4550 for you to rescue a prisoner of the state. According to this law, you can be a prisoner of the state in the following ways:

• If you are in legal custody
• If you are a member of a prison road camp or any jail or county road camp
• An inmate in a county jail or state prison

You can face the charges under this law even if you just tried to rescue the prisoner. An attempt is an offense under Penal Code 664 if:

• You intended to commit a specific act of rescuing
• You performed specific actions toward committing that act

You will face felony charges if you are guilty of rescuing a prisoner or trying to do so. Penal Code 4550 charges can attract a jail term in county jail if you rescue a prisoner who is convicted of a felony punishable by death. In this case, you can face a jail term of two, three, or four years. On the other hand, you can face 16 months, two years, or three years in a county jail if the prisoner is in jail.

You can use the following defenses to fight your Penal Code 4550 charges:

• No probable cause
• You were coerced to confess
• Necessity

Possessing Drugs In Jail or Prison – California Penal Code 4573.6

It is an offense under Penal Code 4573.6 to possess controlled substances in jail, prison, or anywhere else that inmates are behind bars. You will face the charges under this statute if you knowingly possess controlled substances or drug paraphernalia in any of the following places:

• City or county farm
• City or county camp
• City or county jail
• Prison farm
• Any institution or place where county or city inmates are in jail
• Any place where prisoners of the state are in jail
• Other prison camp
• Prison forestry camp
• Prison road camp
• State prison

The aim of Penal Code 4573.6 is to prohibit jail and prison custodial employees and visitors from taking drugs in their person to the correctional facilities. You will face felony charges if you knowingly possess drugs or drug paraphernalia where inmates are in custody. This offense can attract a jail term of two, three, or four years in a county jail.

Find a Criminal Defense Attorney Near Me

Bringing contraband into a prison or jail is a serious offense. A conviction for this offense can have far-reaching consequences, including jail time, probation, and hefty fines. You can only face charges if you know that what you brought into jail was contraband. You must also have been aware of the contraband’s presence. If you face charges for this offense, your first step should be to contact an experienced attorney. You should not try to face the prosecution or the judge on your own. Hiring an attorney increases your likelihood of obtaining a favorable outcome for your case.

For reliable legal guidance and representation in San Diego, contact the Law Offices Of Anna R. Yum. Our attorneys have years of experience. They can handle any case, whether simple or intricate. Call us at 619-493-3461 to talk to one of our attorneys.