Orange County Drug Defense Attorney
California Health and Safety Codes HS 11377, HS 11378, and HS 11379
Also speed, ice, crank, meth, tweaker, glass, tina.
In California and just about anywhere else in the U.S., possession, sale, and transportation of methamphetamine (without prescription or without a state license) is a very serious crime and brings out the heavy guns, where prosecution is concerned. The distinction between use and sale, when a person charged with Possession for Sale, the defendant is not eligible for drug diversion or statutorily mandated drug treatment. Strictly speaking, if convicted, jail time is all but guaranteed.
As with most other laws concerning possession (of controlled substances), in the prosecution will quickly act to collect evidence that proves the following points:
- That the defendant actually possessed a controlled substance,
- That the defendant was aware and knew that the substance was in their possession,
- That the defendant was aware or knew that substance in possession was a controlled substance under the Controlled Substance Act,
- That the amount in the defendant’s possession was enough for consumption (or for sale), and
- That the defendant possessed the substance with the specific intent to use it, sell it, and/or was caught in the act of transporting it.
As with prosecution of misdemeanor and felony offenses involving marijuana as well as heroin, cocaine, methamphetamines, DMT, Ecstasy, opium and other narcotics, the process is the same. Much of the time, the prosecution finds most of the evidence from the defendant herself – it’ll be physical evidence found at the time of the arrest, things that she said or did, or things that other people said and did. But a surprising amount of evidence is often circumstantial – in other words, it is assumed without actual fact.
For instance, without fulfilling the element of specific intent to sell, the defendant cannot be convicted of Possession of Methamphetamine for Sale. Without specific evidence that the defendant knew he had possession. To be perfectly honest, the prosecution is largely helped by what the defendant does in front of witnesses like the arresting officers.
The prosecutor has to prove the person’s mind state to use or sell the drug. Possession itself can be proven by circumstances surrounding the possession, known as “circumstantial evidence,” if the drug is actually found to be on their possession. But going one step further, for a successful case against the defendant the a prosecutor must also prove that the defendant intended to sell. They may examine the way the methamphetamine was packaged, was there sufficient quantity for sale, was the defendant holding a large quantity of cash, were there scales, a ledger of customers, a “black book” of suppliers.
Penalties for Possession, Sale, Transportation
Marijuana, heroin, cocaine, methamphetamines, DMT, Ecstasy, opium and other narcotics.
Violation of HS 11377 (possession for personal use) is usually a misdemeanor. If convicted, the defendant will be charged up to 1 year in county jail and/or a fine of $1,000 (maximum). However, the defendant faces felony penalties (including sixteen (16) months, two (2) years or three (3) years in prison) if there are prior convictions for any of a small list of crimes that are considered violent, sex crimes against a child under 14, gross vehicular manslaughter while intoxicated, or the defendant is a registered California sex offender.
Violation of HS 11378 and 11379 are both felonies. If convicted, defendants may be charged with sixteen (16) months, two (2) years or three (3) years in prison, and a $10,000 fine (maximum). Possession of Sale is also a deportable offense if the defendant is not a U.S. citizen. Defendants issued a valid Green Card or visa are also subject to deportation if convicted.
Defense for Drug Offenses
For marijuana as well as heroin, cocaine, methamphetamines, DMT, Ecstasy, opium and other narcotics.
Some defenses to this charge include that the drug was possessed for personal consumption, which would result in a lesser charge (a felony charge reduced to a misdemeanor). Your defense could include that you did not possess the drug or know it was present, or that someone else placed the evidence. In your defense, an attorney may object to the way evidence was gathered (unlawful search and seizure). If you have been arrested for a drug offense in Orange County, California then it is time to take things very seriously. If you want a case dismissal or reduced charges, then it is absolutely vital that you get a lawyer immediately.
Unless you have a prescription any drugs that have been found in your possession at the time of your arrest, conviction for possession of a small amount can produce consequences that can affect future employment and may even result in a suspension of your California Driver’s License, or in the case of non-citizens, eventual deportation.
Although public opinion and social attitudes are warming up to medical marijuana, you should expect that any drug arrest in Southern California will be prosecuted to the fullest extent of the law. Defendants who have been arrested and face charges for possession, sale, or transportation of illegal substances can face very high fines and years in prison.
In most communities in Orange County, you will not be arrested for a minor marijuana possession unless there are other circumstances related to your case. Arrest is even less likely if you have a legitimate prescription for medical marijuana. However, you are at risk for steep fines, property forfeiture, and prison for large-scale transportation and distribution an illegal substance.
Stull & Stull is led by Adam Stull, a former deputy district attorney. He has experience consulting with police officers and opposing counsel. He has spent considerable amount of time prosecuting misdemeanor and felony offenses involving marijuana as well as heroin, cocaine, methamphetamines, DMT, Ecstasy, opium and other narcotics. His decades of experience will be very valuable in giving you an aggressive and effective legal defense.
If you are serious about obtaining a case dismissal or receiving a substantial reduction for your charges, then your next move is obtaining experienced and aggressive legal counsel that will provide you with the best possible outcome.
The Law Offices of Stull & Stull has more than 45 years of combined criminal trial experience in Orange County as well as Los Angeles, Riverside, San Bernardino, San Diego, Santa Barbara, Kern, Tulare, Fresno and Ventura counties. The Law Office of Stull & Stull is based in Laguna Hills, California.