Possession of Methamphetamine for Sale – HS 11378
Summary: This page covers DEFENSES TO POSSESSION OF METHAMPHETAMINE FOR SALE, WHAT ARE THE PENALTIES FOR POSSESSION OF METHAMPHETAMINE FOR SALE? HS 11378.
Possession of Methamphetamine for Sale is a serious crime in California. Unlike possession for personal use, a person charged with Possession for Sale will not be eligible for drug diversion or statutorily mandated drug treatment.
In order for the prosecutor to prove the crime of Possession of Methamphetamine for Sale, the district attorney must prove that the individual actually possessed methamphetamine, that the individual knew he or she possessed methamphetamine in question, that the individual knew the drug in the individual’s possession was a controlled substance under the Controlled Substance Act, that the individual possessed enough methamphetamine to be used for consumption as a controlled substance, and the individual possessed the drug with the specific intent to sell it. Without fulfilling the element of specific intent to sell, an individual cannot be convicted of Possession of Methamphetamine for Sale.
In addition to proving a person had the drug, the prosecutor must prove the person’s mind state. Sometimes that can be proven by circumstances surrounding the possession, also known as “circumstantial evidence.” For example, a prosecutor will look to see if the person possessing methamphetamine had it packaged in a way that was common for sales, if the person had a large quantity of cash, scales or pay-owe sheets. Some of these circumstances might suggest a person possessed methamphetamine to sell it.
DEFENSES TO POSSESSION OF METHAMPHETAMINE FOR SALE
Some defenses to this charge include that the drug was possessed for personal consumption, which would result in a lesser charge as contained in HS 13377. Other defenses could include that the person did not possess the drug or know it was present, or, in some rare cases, the drug was placed there by the arresting officer. Sometimes a defense attorney will run a motion to suppress the evidence found by the police if the methamphetamines were discovered during an unlawful search and seizure. Search and seizure actions carried out by police departments and other actors in the Executive Branch must conform within the reasonable limits set forth by the Fourth Amendment of the United States Constitution. Violations of the Fourth Amendment’s Unreasonable Search and Seizure clause in some cases are unable to be prosecuted for that reason; they are violations of constitutional rights.
WHAT ARE THE PENALTIES FOR POSSESSION OF METHAMPHETAMINE FOR SALE? HS 11378
HS 11378 is a felony and subjects individuals charged with the crime to 16 months, two, or three years in prison and a maximum $10,000 fine. Possession of Methamphetamine for Sale is a deportable offense in the case that the individual charged with the crime is not a United States citizen. Individuals who have been issued and are in possession of a valid Green Card or Visa are also subject to deportation if convicted of Possession of Methamphetamine for Sale.
Possession for Sale of Methamphetamine cases are taken seriously by the District Attorney’s office in Orange County. If you are charged with this offense, you need an experienced methamphetamine defense lawyer to evaluate your case immediately. Contact the Johnson Criminal Law Group to discuss your case today.
