Possession of Methamphetamine for Sale - HS 11378
California Health and Safety Code 11378 HS makes it a crime to have possession of methamphetamine with the intent to sell it. This felony crime is punishable by up to 3 years of jail time and fines of up to $10,000.
Methamphetamine, also known as “crystal,” “speed,” “ice,” or “glass,” is an illegal controlled substance, and any possession, distribution, or manufacturing thereof is unlawful and has severe penalties. HS 11378 prohibits possessing methamphetamine with the intent to sell.
If you find yourself facing charges related to methamphetamine, remember that you are not alone. Our team of experienced Los Angeles drug crime lawyers is well-equipped to handle your case.
We are knowledgeable about the most effective strategies to reduce or dismiss your charges, providing you with a sense of confidence and reassurance. By seeking our legal representation, you are taking a proactive step towards a better outcome.
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 use is a significant issue in Los Angeles, often leading to a range of criminal charges. In addition to possession and being under the influence, you could also be charged with other crimes related to methamphetamine.
Methamphetamine Possession Changed to Misdemeanor Crime
If you have a gun, that will add an extra enhancement. Drugs and guns are typically mandatory prison time. If you're selling Methamphetamine, that puts you in a difficult position. Methamphetamine has been a wobbler for a long time, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances.
It's important to note that recent changes in the law have reclassified possession of methamphetamine as a misdemeanor, a significant shift that reduces the legal consequences for possession. This update ensures you are well-informed about the current legal landscape.
There are arguments on both sides. One side says you might as well legalize drugs, and then you wouldn't have all these issues and people making money off drugs.
The other side says that if you legalize drugs, you allow the people in society to cause themselves to become addicted to methamphetamine possibly, 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 judgment when they're using methamphetamine.
Simple Possession or Sales?
So, the best strategy if you're charged with some Methamphetamine offense is to get an attorney, like when that's been doing this for twenty- years. It's going to depend on what type of case you have:
- Is it a possession case?
- Is it a possession for sale?
- Is it being under the influence of methamphetamine?
- Do you need some drug treatment program?
There are 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 authorities in Los Angeles and throughout California. They don't want people in jail or prison who are using drugs. They want to reserve those spaces for the most violent offenders.
Now, 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 that if you have a straight possession case, we can get you treatment many times.
We can get you help depending on whether you're just a social user or you're somebody who is addicted to meth. There are all sorts of programs that you can avail yourself of now. 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 is not a defense in California unless you're talking about a specific intent crime, like attempted murder, where the prosecution must prove that the defendant had a specific intent to commit the crime.
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. They can still be charged and prosecuted for any crimes, with general intent or specific intent.
It would be up to the defense attorney to argue that the person was under the influence of methamphetamine and had taken so much 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
If you're dealing with a methamphetamine-related case—whether it's possession, sales, or another issue—don't lose hope. With my 25 years of experience, I can usually devise a strong strategy to help you navigate this challenging situation and strive for a positive outcome. There is always a path forward, and we will work tirelessly to find it.
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.
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.
Remember, the prosecution must prove beyond a reasonable doubt that you possessed the drug, knew it was a controlled substance, and had the intent to sell. To ensure a fair and just legal process, it's crucial to develop a strong defense strategy. Rest assured, we will do everything in our power to protect your rights and ensure that justice is served.
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