Los Angeles Criminal Lawyer Explains Penal Code 4573 - Bringing Drugs into a Jail

KNOWINGLY BRINGING DRUGS OR OTHER CONTRABAND INTO A JAIL OR PRISON IS A SERIOUS OFFENSE IN CALIFORNIA.  IT IS A PERMANENT FELONY (CAN NEVER BE REDUCED TO A MISDEMEANOR).  IF YOU OR A LOVED ONE IS FACING A PC 4573 CHARGE, CALL NOW FOR A FREE CONSULTATION.  818-646-8788.

Smuggling contraband into a California jail or prison is classified as a felony under PC 4573, and this also includes bringing contraband within the grounds belonging to the institution (not just inside of it). Prohibited items include: any of the several items listed as a controlled substance under Health and Safety Code Section 11054, any device, contrivance, instrument, or paraphernalia intended for unlawful use (injecting or consuming). If convicted of bringing drugs onto an institution's property, you will face 2 to 4 years of imprisonment. It is important to note that this felony can never be reduced to a misdemeanor.

Section 4573 also applies to arrestees who knowingly bring contraband subsequent to their arrest. For example, if you are arrested for a domestic dispute and you bring contraband into the institution with you when you are booked, it is a Section 4573 violation. The "knowingly" prong is satisfied even if you forgot that you had contraband on you, because jails and prisons are required by the Penal Code to post signs regarding the contraband prohibitions. The presence of the signs before entering the premises satisfies the knowledge (or mens rea) element of this charge. This charge still carries up to a 4-year imprisonment and is not eligible for treatment options like drug diversion to lessen the sentence.

Controlled Substances
Penal Code Section 4573.6 prohibits knowingly bringing any controlled substance into a jail or prison.  This charge can present itself in a number of different ways.  Visitors may attempt to bring drugs to give to an inmate, inmates surrendering to jail can attempt to hide drugs in their person, and those who happen to be arrested and possess drugs at the same time can be charged with knowingly bringing drugs into a jail or prison.

Cell Phones
Although contraband has always been an issue in jails and prisons, one of the newest concerns is contraband cell phones. Visitor penalties for smuggling in a cell phone include fines of up to $5,000 per device and up to 6 months in county jail.  Inmates found in possession of cell phones can be convicted of new crimes, denied parole and lose other privileges.

Obscene and Security-Threat Group Materials
In 2013, the California Court of Appeals ruled that a prisoner was allowed to keep a book that contained sexually explicit content. The California Department of Corrections and Rehabilitation (CDCR) soon thereafter amended the contraband rules. Under the new rules, the definition of contraband is broadened to include written materials or photographs that indicate an association with validated security-threat group members and associates and obscene material. The amended subsection prohibits inmates from possessing obscene material and/or mail containing information concerning where, how, or from whom obscene material may be obtained. This includes catalogs, brochures, and other materials. The standard will be that of an average person applying contemporary standards. As a whole, if the material depicts sexual conduct and lacks serious literary, artistic, political, or scientific value, it is considered obscene. While this category of contraband is primarily a problem within the jails and prisons, visitors who bring this type of contraband may also be subject to criminal charges.

Fourth Amendment Implications
The Fourth Amendment of the U.S. Constitution protects people from unreasonable searches and seizures by the government. While prison officials are able to submit visitors to a variety of searches for the purpose of preventing contraband, the goal of institutional security must be balanced with the visitor's rights. For example, a routine pat down prior to entering a jail or prison is deemed reasonable. However, there generally must be reasonable suspicion for the prison official to broaden the scope of the search. Courts have ruled that strip-searching visitors is rarely justified. In fact, officials must demonstrate there is a clear indication they will find evidence. Although there are general guidelines for what is an acceptable search for prison and jail visitors, the appropriate protocol can vary greatly depending on the facts of each case. Like many other areas in criminal law, the broad rules give way to narrow exceptions and balancing tests.

Fifth Amendment Implications
When someone is booked in jail, they are asked a series of booking questions, including whether they have any drugs or weapons on them.  If a search later reveals drugs or other contraband, the defendant is often charged with a felony.  This practice violates the Fifth Amendment, but California courts allow it, unfortunately.  We have a right against self-incrimination.  If, while being booked, a person is asked whether they have any drugs on them, they should not be compelled to answer.  With the unfortunate state of this law today, it is vital to have a passionate, dedicated, knowledgeable criminal defense attorney on your side.  Criminal defense attorneys expect to see this law change, especially in light of the passage of Prop 47, making all drug possession misdemeanor.  So while possession of a drug for personal use is a misdemeanor, being arrested while possessing drugs and not disclosing that to the arresting officer becomes a felony.  This is outrageous.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH BRINGING DRUGS OR OTHER CONTRABAND INTO A JAIL OR PRISON, YOU NEED A DEDICATED, AGGRESSIVE DEFENSE ATTORNEY TO HELP YOU FIGHT THESE CHARGES.  THERE MAY BE SEARCH AND SEIZURE ISSUES OR OTHER DEFICIENCIES IN THE GOVERNMENT'S CASE AGAINST YOU.  CALL NOW FOR A FREE CONSULTATION.  213-375-3775.

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