Information on the crime of loitering for drug activity is found at California Health and Safety Code section 11530.

 

HS 11530 Law
 

HS 11530: It is unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose, and with the intent to commit, a drug offense, i.e. buying, selling, transporting drugs, etc. (Abbrev.).

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Evidence that a person has the intent to engage in drug related activity include:

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• Acting as a “look-out.”

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• Transferring small objects or packages for currency in a secret fashion

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• Using signals or language indicative of summoning purchasers of illegal drugs

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• Repeatedly beckoning to, stops, attempts to stop, or engages in conversations with passersby, whether on foot or in a motor vehicle, indicative of summoning purchasers of illegal drugs

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• Repeatedly passes to or receives from passersby, whether on foot or in a motor vehicle, money or small objects (Known as hand-to-hand transactions)

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• Has prior convictions for drug offenses

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Note: this list is not exclusive and no one piece of evidence is necessarily more important than any other when is comes to analyzing circumstantial evidence of the defendant's intent to loiter for drug activity.

 

Punishment

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Jail: HS 11530 is charged as a misdemeanor. If found guilty of of loitering with intent to commit a drug offense, the defendant could face up to 180 days in jail.

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Probation: A probation sentence is a period of time in which the court monitors the defendant (summary probation). Probation sentences are allowed in HS 11530 cases but there is no guarantee that the defendant will receive a probation sentence at the outset of a criminal case.

 

Whether or not a defendant will receive a probation sentence after a conviction for HS 11530 depends on many factors, including the defendant's criminal history and the facts of the case.

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Good Behavior Credits: Any jail or work release sentence that is ordered against the defendant in an HS 11530 case may be reduced by up to fifty percent for good behavior while on probation.

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Bail: The scheduled bail amount for loitering for drug activity crimes is $5,000 in San Bernardino County (2020). This amount may be lowered or raised by a judge at the defendant's first court appearance (arraignment). In some cases, the defendant may be released from custody without the need for bail (Own Recognizance Release). 

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In addition to the jail or probation sentence that may be suffered by the defendant after a conviction for HS 11530, if found guilty, the defendant penalties could include: fines and fees, professional licensing or immigration consequences, restraining orders, and more.

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HS 11530 Defense

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Common defenses to loitering for drug activity include insufficient evidence to prove the allegation, consent to be on the premises, entrapment, illegal search and seizure, insanity, and more.

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Statute of Limitations: The statute of limitations for the crime of loiter for drug activity, or HS 11530, is one year from the date of the alleged offense.

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Drug Court: Drug court might be available for some defendant, whereby the defendant's criminal charges are dismissed if the defendant fulfills certain probation-like conditions.

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If you have been arrested or charged with loitering for drug activity, or HS 11530, contact out criminal defense lawyers today for a free consultation.

 

Our successful team of criminal defense lawyers have defended hundreds of felony and misdemeanor crimes. Call today!

 

909-913-3138

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