Possession of Methamphetamine for Sale - Health and Safety Code 11378 HS
Methamphetamine, also known as “crystal,” “speed,” “ice,” or “glass” is an illegal controlled substance and any possession, distribution, or manufacturing thereof is illegal and has severe penalties. California Health and Safety Code 11378 HS prohibits possessing methamphetamine with the intent to sell.
If you are being charged with possession or distribution of methamphetamine, our Los Angeles drug crime lawyers know the best and most effective ways to have your charges reduced or even dismissed. The Possession of Methamphetamine Attorney in Los Angeles CA at our office has been helping such victims for over 25 years now.
In order to have you convicted of the offense the prosecution must prove beyond a reasonable doubt that you actually or constructively (had control over) possessed the methamphetamine; that you knew you possessed the methamphetamine; that you knew it to be a controlled substance; and that there was a sufficient amount and not merely useless traces or residue.
Methamphetamine is a type of drug that is running rampant in the streets of Los Angeles today and a lot of crimes are behind the use of Methamphetamine. In other words, in addition to possibly be being charged with possession of Methamphetamine, being under the influence of Methamphetamine, you can also be charged with other crimes that relate to Methamphetamine.
Methamphetamine Possession Changed to Misdemeanor Crime
In other words, if you have a gun, that will add an extra enhancement. Drugs and guns is typically mandatory prison time. If you're selling Methamphetamine obviously that puts you in a difficult position. Methamphetamine has been a wobbler for a long time.
In other words, if you just possessed it you could be charged with a felony or a misdemeanor. Where the other drugs have always been a felony and now have since be changed to misdemeanor crimes.
There's arguments on both sides. One side says, you might as well just legalize drugs and then you wouldn't have all these issues and people making money off drugs. The other side says, if you legalize drugs, you allow the people in society to cause themselves to possibly become addicted to Methamphetamine, and also, once again, the use of Methamphetamine a lot of times will lead to other crimes.
In other words, when people need to get Methamphetamine, they will steal or do anything to obtain it. Also, it skews their judgement when they're using Methamphetamine.
Simple Possession or Sales?
So, the best strategy is you're charged with some sort of a Methamphetamine offense is to obviously get an attorney like when that's been doing this for twenty- years. It's going to depend on what type of a case you have. Is it a possession case? Is it a possession for sales?
Is it being under the influence of Methamphetamine? Do you need some sort of drug treatment program? There's all sorts of drug treatment programs now.
The Governor of California has been very successful in turning the tide as far as drug use goes. They don't want — and I'm talking about the powers to be in Los Angeles and throughout California. They really don't want people in jail or prison who are using drugs. They want to save that for the most violent offenders.
Now, if on the other hand, if you're selling Methamphetamine and you have a weapon, you're dangerous. That's a different story. Then you're going to be put in the category of those violent offenders and they're going to try to put you in prison. So, one huge thing now is, if you just have a straight possession case, a lot of times we can get you treatment.
We can get you help depending on whether you're just a social user or you're somebody who is addicted to Methamphetamine in Los Angeles. There's all sorts of programs now that you can avail yourself.
I see a lot of people who overdose on Methamphetamine. They hallucinate and then start committing all sorts of crazy crimes. Typically, they're not going to be able to use Methamphetamine as a defense. Voluntary intoxication, which includes the use of Methamphetamine, is not a defense in California unless you're talking about a specific intent crime — like attempted murder.
For example, if somebody killed somebody while they were hallucinating on Methamphetamine, there might be an argument that that person could not form a specific intent to kill. They're still not going to get out of all their crimes. Any general intent crimes they can still be charged and prosecuted, and they can either be charged with and prosecuted for a specific intent crime.
It would be up to the defense attorney to argue that person was under the influence of Methamphetamine and had taken so much Methamphetamine, that they were hallucinating. They didn't know right from wrong. They didn't even know what they were doing. You'd have to get an expert to testify to that and then the jury would have to believe it.
Preparing a Defense Strategy
So, if you've got a Methamphetamine-related case — whether it be possession, sales or something else — give me a call. I've been handling these type of offenses for twenty-five years. I can usually figure out a pretty good strategy to help you.
We have to get all the details. We get a mitigation package together. I sit down with the prosecutors. I let them know all the good things about you — your version of events, because a lot of times that's not captured in the police report, and then we set about getting you out of the criminal justice system as fast as possible and do everything we can to help you to protect your rights, your freedom and your reputation.
The prosecution must prove beyond a reasonable doubt that you possessed the drug; you knew you possessed the drug; you knew it was a controlled substance; and you had the specific intent to sell the drug. In order to come up with a strong defense strategy to avoid all such allegations, it is advised to get in touch with a Possession of Methamphetamine Defense Attorney. You can do that by calling lawyers at our office at (213) 542-0979.