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CA Health &#; Safety Codes and

Posted in General FAQ'S on May 15,

California has several laws regarding the sale and possession of illicit substances. There are two health and safety codes that relate to methamphetamine in particular: HS and HS. These two codes break down what is illegal in the state when it comes to methamphetamine, as well as the penalties lawbreakers may face. Here is what you need to know about these two codes and what they might mean for people charged.

HS: California Possession of Methamphetamine for Sale

California Health and Safety Code pertains to individuals who have methamphetamine in their possession for the purpose of selling or dealing them to others. This is a more serious crime than HS, which deals with simple possession of methamphetamine for personal use. According to HS, it is illegal to possess for sale “stimulants, party drugs, and illegal steroids” as well as methamphetamine.

Illegal drugs under HS include ecstasy, PCP, GHB, and “special K.” The law does not, however, include possession of commonly abused substances such as marijuana, cocaine, or heroin for sale. According to the law, police may convict a person of methamphetamine possession for sale under HS if the prosecutor can prove that the defendant:

  • Possessed a prohibited controlled substance
  • Knew he or she possessed the substance
  • Knew the drug was a controlled substance
  • Possessed enough of the drug to sell
  • Possessed the drug with the intent to sell it

“Possession” can be actual, such as holding or carrying the drug, but it can also be constructive or joint. Constructive possession means the meth was in a location that you controlled, such as your home or office, while joint possession means that you shared possession with others. If someone else possesses methamphetamine to sell on your behalf, police may still convict you of the crime.

HS: California Possession of Methamphetamine

California Health and Safety Code HS deals with the possession of methamphetamine for personal use, not for sale. It also includes other stimulants, party drugs, and anabolic steroids, much like HS. This rule also has the same requirements for conviction, except for possession of the drug for sale. Instead, there must be enough of the drug to constitute personal use. An individual may be able to fight HS charges if he or she has a valid prescription for the substance, proof that the drug belonged to someone else, or evidence that the officer made an error in search and seizure.

Penalties for HS vs. HS

After the passing of Proposition 47, simple possession of methamphetamine for personal use in California is only a misdemeanor (unless the courts have previously convicted the defendant of a sex crime or other serious offense). It carries a maximum of one year in jail and/or fines of up to $1,, with eligibility to attend a drug diversion program instead of going to jail. A person may not be eligible for drug diversion if he/she is a third-time or greater nonviolent offender, or if he/she plead guilty to selling meth or possessing it for sale.

Possession of methamphetamine for sale, on the other hand, comes with much steeper penalties. Conviction of this crime comes with a felony charge and a maximum sentence of three years in jail and/or fines of up to $10, In addition, individuals are not eligible for drug diversion programs.

It may be possible for a defense attorney to convince the courts that the defendant only possessed meth for personal use, and not for sale. This would significantly reduce the charges against the defendant. In some cases, a plea bargain can lead to the individual getting the drug help he or she needs for a better future, rather than a jail sentence. After completing a drug diversion program, for example, it is common for the courts to dismiss drug charges.

 

Sours: https://www.gddlaw.com//05/15/hsand/

I. H&S Possession of Methamphetamine for Sale


Legal Definition: a person who possesses for sale a controlled substance that meets any of the following criteria shall be punished by imprisonment…

To be found guilty under HS  the prosecution must prove:

1. You unlawfully possessed methamphetamine;

2. You knew of its presence;

3. You knew of the methamphetamine’s nature or that it was otherwise a controlled substance;

4. When you possessed the methamphetamine, you intended to sell it/that someone else sell it;

AND

5. The controlled substance was in a usable amount.

II. What does this mean?


Selling under this section means exchanging the methamphetamine for money, services, or anything of value. A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces or debris are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user.

There must be either knowledge here that you were selling methamphetamine or an otherwise controlled substance. If you believe that the drug you are selling is Tylenol, then you cannot possibly be convicted if it is later found out to be methamphetamine. This section, in addition to methamphetamine, can include items such as stimulants, party drugs, and illegal steroids. Possession here can mean actual or constructive possession. Actual possession would mean the item is physically being carried by you. Constructive possession can happen if you can exercise control over the item or you have the right to exercise control over that item either yourself or with another person. That is why more than one person can possess drug paraphernalia at the same time.

The difference between this and Methamphetamine Possession under HS , is that here it involves several factors such as the quantity, whether there are receipt books, tiny baggies, the presence of drug paraphernalia as well statements you make to the police to indicate sales. Whereas under HS , it involves merely having possession of the drug only, nothing else is required.

III. Penalties


A charge under HS is a felony offense. If you are convicted of this charge you could be sentenced to upwards of 16 months, 2 or 3 years in State Prison. You would be required to serve at least 50% of that time in custody. You could also be subject to a fine up to $10, for this charge. In addition, as a convicted felon you would never be able to own or possess a firearm for life. And if sentenced to State Prison, you would never be able to Expunge or Reduce your felony charge for life.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC You could also face a suspension or loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court since the offense is deportable, in that it is a crime involving drugs.

IV. Common Defenses


  1. Statute of Limitations
  2. Violation of Rights
  3. Insufficient Evidence
  4. Coerced Confessions

If the methamphetamine you possessed was only for personal use, and not for sales, you would not be able to be found guilty under this section. However, you could be found guilty under HS for simple possession. The way in which police tend to find a person to be guilty of drug sales, more than simple possession, involves several items of circumstantial evidence. For example, if police find you, and you have items such as scales and baggies as well as receipt books on you or in your home, it can tend to show you are running an illegal drug sales business. This can also be found in statements made by you to police, whether you make an admission or an outright confession to selling drugs.

Also, it makes more logical sense to argue that the drugs were for personal use if the quantity is in smaller amounts. If there are pounds and pounds of methamphetamine found on your or in your home, it would be harder to show that you are intending to use all of those drugs for yourself, as it would likely kill you if you even tried. However, if the prosecution fails to show these factors, not all of which are needed to convict you, it can be possible that your Ontario Criminal Defense Attorney can argue that there is insufficient evidence to prove you guilty of the crime of Methamphetamine sales. Outside of being able to dismiss the case for an illegal search and seizure or otherwise a violation of your rights, commonly your attorney can argue that you were merely in possession of the drugs, and not in fact selling them.

Another defense is that you cannot be found in violation under this section if you are a medical professional that is selling methamphetamines in accordance with California and federal law.

Police can also work to sometimes coerce confessions out of you with overbearing police contact. Sometimes, a person can simply be showing up to a drug house to purchase drugs for themselves and end up caught up in a giant police raid. They then arrest you, and lump you in with the others at the house, saying you are selling drugs. Police then can lie, manipulate, and try to force you into making an admission that you were also selling the drugs at the house. Police could promise leniency if you confess, which would lead to a violation and the ability for your Ontario Criminal Defense Attorney to argue that your confession should be thrown out of Court since police coerced it out of you.

V. Call Today


Sours: https://iecriminaldefense.com/health-and-safety-codepossession-of-methamphetamine-for-sale-laws-in-california/
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California &#;Methamphetamine Sales&#; Law | Health &#; Safety Code HS

October 7,

In California, possession of methamphetamine for sale is charged under health & safety code hs.[1] It is a straight felony that cannot be reduced to a misdemeanor.

The prosecutor does not need to prove you actually sold methamphetamine. Instead, the prosecutor must prove that you possessed methamphetamine and intended to sell it. Usually the prosecutor calls a drug expert to testify that the following factors are indicia of sales:

  • Large sums of money
  • Large amount of substance
  • Digital scales
  • Pay-owe sheets
  • Text messages evidencing prior sales
  • Controlled buy with a confidential informant
  • Eye witnessing a sale while surveilling

Selling methamphetamine is not only a crime in California, but also a federal crime. Consequently, in certain circumstances, you can face both state and federal charges for the same offense.

It is not uncommon for someone charged with methamphetamine sales to also be charged with

What is the Prosecutor Required to Prove for Methamphetamine Sales – HS ?

According to CALCRIM , in order to be found guilty of HS , the prosecutor must prove each of the following elements beyond a reasonable doubt:

  1. You were in actual or constructive possession of methamphetamine;
  2. You knew of its presence and character;
  3. The substance was a usable amount;
  4. You intended to sell it.[2]

What are the Legal Defenses to HS Charges?

  • Intent: Lack of intent to sell is usually shown when the defendant is a heavy drug user. Moreover, if the prosecutor claims the substance quantity is beyond personal use, a defendant can counter by showing their large daily use. Furthermore, an individual may not sell methamphetamine, but rather purchase the substance in bulk from their supplier. The presence of smoking devices typically support a personal use defense.
  • Possession: Actual possession means you had dominion and control over the substance. However, constructive possession is fertile ground for litigation. Usually, the controlled substance is found within a car, a residence, or public place within the apparent control of many people.
  • Knowledge: Someone cannot be guilty of selling methamphetamine if they did not know of its presence. For instance, someone may have left methamphetamine in your car without your knowledge.
  • Mere Presence: Mere presence at the scene of a crime, without more, is not sufficient for a conviction. Accordingly, merely being present in a drug sale transaction makes you nothing more than a witness.
  • Transitory Possession: Momentary possession of a drug may be sufficient for a conviction, but not if you had transitory possession for the sole purpose of disposing the substance.[3]
  • Constitutional Challenge: You may have a constitutional challenge if law enforcement violated your Fourth Amendment Moreover, drug cases usually carry detention and search warrant issues that could lead to suppressing the substance altogether. If the court suppresses the substance, then more likely than not, the prosecutor will be unable to proceed with their case.

What is the Punishment for Methamphetamine Sales in California?

HS is a straight felony punishable by 16 months, 2, or 3 years in the county jail. Other sentencing consequences may include:

  • Denial of an occupational or professional license
  • Adverse immigration consequences for non U.S. citizens
  • Life-time prohibition from owning or possessing a firearm
  • Register with local law enforcement as a narcotics offender

What Are Examples of Possession of Methamphetamine for Sale?

  • Police raided Dan’s apartment after they suspected he was dealing methamphetamine. Police discovered firearms, several ounces of methamphetamine, and a digital scale. Thereafter, police author a search warrant to justify their entry into Dan’s apartment. Here, Dan would be charged with HS given the indicia of methamphetamine sales. However, Dan’s defense attorney would argue the police unlawfully and prematurely entered Dan’s apartment prior to obtaining a warrant. Dan will have a colorable claim of suppressing all the evidence law enforcement seized.
  • Billy was at his friend’s house. The police raided the home and detained all the occupants, including Billy. Police discovered over a kilogram of methamphetamine on the living room table – the same room Billy was in when police entered. He was charged with possession of a controlled substance with the intent to sell. Here, Billy will argue that there is insufficient evidence to support a conviction because police have no further evidence other than Billy’s presence. Mere proximity to the drugs, presence on the property where it is located, or associating with other people who control the drugs is insufficient to support a conviction.[4]

Contact Us to Schedule a Free Consultation

Contact us if you have been charged or are under investigation for possession of methamphetamine with the intent to sell under health & safety code hs. Early intervention by an experienced Newport Beach criminal defense attorney can mean the difference of serving time in jail or having your case rejected entirely. Contact the Law Offices of John D. Rogers today.

Attorney John D. Rogers is a board certified criminal law specialist. This is a prestigious distinction that less than 2% of California criminal defense lawyers have achieved. He has unmatched success in defending his clients in all types of drug crimes, especially when his clients are faced with a “must win” dilemma. He focuses his representation to dismiss charges or obtain an acquittal at trial.

Legal Footnotes:

[1] Health & Safe Code – defined: “Except as otherwise provided in Article 7 (commencing with Section ) of Chapter 9 of Division 2 of the Business and Professions Code, a person who possesses for sale a controlled substance that meets any of the following criteria shall be punished by imprisonment pursuant to subdivision (h) of Section of the Penal Code:

(1) The substance is classified in Schedule III, IV, or V and is not a narcotic drug, except the substance specified in subdivision (g) of Section

(2) The substance is specified in subdivision (d) of Section , except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d).

(3) The substance is specified in paragraph (11) of subdivision (c) of Section

(4) The substance is specified in paragraph (2) or (3) of subdivision (f) of Section

(5) The substance is specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section ”

[2]See CALCRIM No.

[3]See People v. Mijares () 6 Cal.3d

[4]See People v. Savage () Cal.App.2d

Sours: https://johndrogerslaw.com/possession-methamphetamine-sale-hs/
Possession for Sale of a Controlled Substance (Health \u0026 Safety Code 11351 HS)

Possession for Sale of Methamphetamine in California (HS ) &#; Overview

Possession for Sale of Methamphetamine (HS ) Has Lasting Consequences

Under HS , possession for sales of methamphetamine is a serious offense and is not to be taken lightly. Federal government has pushed severe penalties on possession and trafficking of controlled substances and narcotics in recent years. The time of sentencing you are facing for these charges is steep, and can be increased further based on the specific circumstances of your case.

In our sentencing and punishment page we discuss the consequences of an HS conviction, however, keep in mind that the punishments discussed are the minimal sentences required by law. Based on certain circumstances (criminal history, amount of meth found in possession, etc.), your punishment for this crime will become more severe.

What We Will Cover

Possession for Sale of Meth - HS

Our attorneys at Wallin & Klarich wish to share with you how you can be prosecuted for possession for sale of methamphetamine, or crystal meth. We will also cover possible defenses to this crime and the range of sentencing you face upon a criminal conviction for violation of Health and Safety Code Section [i] (HS ). We will provide answers to some Frequently Asked Questions on this subject and conclude with some testimonials from previous clients.

Ever since the federal government declared a “war on drugs,” the penalties for illegal drug crimes have been steep. In fact, California led the nation in jail time for drug offenders throughout the s and s. Even minor drug possession charges (including charges for possession of steroids or some prescription drugs) are punishable with jail time and fines among many other possible consequences.

What Does Possession for Sale of Methamphetamine Mean?

Possession of methamphetamine for sale is the unlawful possession of a controlled substance with the purpose or intent of selling it.  Intent to sell methamphetamine differs from actually selling, offering to sell or transporting this illegal drug. Methamphetamine is a Schedule II stimulant; therefore, it is a controlled substance pursuant to California Health and Safety Code Section  (HS ). This code section also covers the unlawful possession for sale of other specified non-&#;narcotic&#; substances such as steroids, opiates and others.

A defendant does not need to be caught in the act of selling methamphetamine to be charged with possession of methamphetamine for sale, according to HS  The intent to sell may be inferred by facts such as the amount of methamphetamine possessed, the presence of cash, the presence of packaging materials such as baggies, or other possible facts that may lead to a conclusion that the methamphetamine was not for personal use.

Why Do I Need to Hire a Criminal Defense Lawyer to Represent Me if I’ve Been Charged with Possession for Sale of Methamphetamine (HS )?

Drug crime attorneys at Wallin & Klarich Law.

If you or someone you care about is facing a sales-related drug charge in California, it is imperative that you contact an attorney at Wallin & Klarich immediately. The knowledgeable and experienced criminal defense attorneys at Wallin & Klarich can help explain the charges under HS and properly defend against them.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live. We have over 40 years of experience in making sure that our clients are treated fairly under the law and that they receive the best legal representation through every step of the process.  We will help guide you through all of your options and help you to win your case.

Contact us at NO-JAIL for a free consultation. We will be there when you call.


[i] Information on HS retrieved from http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=&file=

Sours: https://www.wklaw.com/practice-areas/selling-meth-hs/overview

Hs 11378

  

Except as otherwise provided in Article 7 (commencing with Section ) of Chapter 9 of Division 2 of the Business and Professions Code, a person who possesses for sale a controlled substance that meets any of the following criteria shall be punished by imprisonment pursuant to subdivision (h) of Section of the Penal Code:

(1) The substance is classified in Schedule III, IV, or V and is not a narcotic drug, except the substance specified in subdivision (g) of Section

(2) The substance is specified in subdivision (d) of Section , except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d).

(3) The substance is specified in paragraph (11) of subdivision (c) of Section

(4) The substance is specified in paragraph (2) or (3) of subdivision (f) of Section

(5) The substance is specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section

(Amended by Stats. , Ch. 76, Sec. (AB ) Effective January 1, )
Sours: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=
Live PD: Meth Dealer Confessions (Season 2) - A\u0026E

Possession for Sale of Methamphetamine (Health and Safety )

Under California Health & Safety , for sales of methamphetamine is a serious felony offense and therefore a person is not eligible for diversion if convicted of thisoffense . The federal government has enacted very severe penalties on possession and trafficking of controlled substances and narcotics .

The  prison sentence that you face for these charges is steep, and  your sentence increased further based on the specific circumstances of your case. For example, if you have an extensive criminal history particularly in drug sales, and a large amount of drugs are found on you, it can increase your sentence.

However,  for the prosecution to convict you of possession with intent to sell methamphetamine under HS , they must prove all of the following elements at trial beyond a reasonable doubt:

Possession:Did you have physical control or the power to control the methamphetamine.

Knowledge: Did you know or have the knowledge of the presence of the methamphetamine.

Quantity: Did you possess an amount of methamphetamine that was more than the amount for   personal use and enough to infer that it was for sale;

Intent to Sell: Did you possess the methamphetamine with the specific intent to sell it or for someone else to sell it.  Evidence of intent to sell may include the quantity of the drug; how it is packaged or the existence of packaging materials (baggies) in the same location; the amount of money, scales and measuring devices found on you or near the drugs; and the absence of paraphernalia indicating personal use.

Some Defenses Include:

Lack of Intent to Sell: Insufficient direct or indirect evidence exists to show that you had intent to sell methamphetamine;

Entrapment: Under California law, entrapment occurs when a “normally law abiding person” is induced to commit a crime, in this case possession of methamphetamine for sale, that he or she otherwise would not have committed;

Unlawful Search and Seizure:  Law enforcement found the methamphetamine as part of an unlawful search or seizure of your person or premises under your control;

Lack of Knowledge: You were unaware that you possessed methamphetamine. For example, another person hid or placed the drugs in your purse, handbag, bedroom, vehicle or backpack;

Lack of Possession: You did not possess methamphetamine. For example, you were merely present while other people used methamphetamine or you only held the methamphetamine for use by another person.

Sentencing for Dealing Meth in California is harsh

Pursuant to California Health and Safety Code Section , the sentence for dealing of meth in California is a term of months, two years, or three years in prison and fines totaling $10, You will not be eligible for drug diversion if you are facing a serious sentence for dealing meth.

Recent changes to California’s felony sentencing laws defer certain convicted felons from being sent to state prison. Under the previous law, you would have been required to serve parole after your release. If you are sentenced to serve time in jail for a conviction of HS, you will not serve any parole. However, you may have to serve a period of probation following your county jail sentence for dealing meth.

Sentence for Dealing Meth to Minors

California takes a very harsh stance on furnishing illegal drugs to children under age You face a much more severe punishment if you are found guilty of selling methamphetamine to a minor.

Under California Health and Safety Code (a),  if you are over 18 years of age and  you even induce a minor to use or attempt to furnish  any number of controlled narcotics including Meth to a minor you may be facing three, six, or nine years imprisonment in state prison under the following conditions:

Sell or give, or offer to sell or give methamphetamine to a minor

Hire, employ or use a minor to sell, prepare for sale, or peddle methamphetamine

Induce a minor to use methamphetamine

Under California Health & Safety Code Employment of Minors for Unlawful Transactions—Additional Punishment.

If you are over 18 years of age and are convicted of selling or giving methamphetamine to a minor your sentence for dealing meth may be enhanced if you conduct illegal activity as follows:

One year: on the grounds of a playground, church, youth center, day care facility or swimming pool while children are present or during business hours.

Two years: on the grounds of or within feet of any public or private elementary, junior high, vocational or high school while children are present or during business hours.

One, two or three years: if you are four or more years older than the minor.

These sentences for dealing meth may be imposed consecutively. This means you may have to serve these enhancement sentences one after the other and after you serve your original sentence. This enhanced methamphetamine law will also require that you serve your entire sentence for dealing meth in state prison, rather than county jail. A prison sentence will trigger community supervision or parole for up to three years.

Drug Offender Registration

Pursuant to Health and Safety Code , if you are convicted of possession for sale of methamphetamine in California, mandatory drug offender registration will be imposed by the court. For the next five years after your release from custody, you must register with the local authorities where you live. This requirement will remain in place for five years after your discharge from prison, jail or probation. Failure to register as a narcotics offender is a misdemeanor under H&S

What does drug offender registration mean:

Going into the local police or sheriff’s station within 10 days of whenever you move to register and annually register on your birthday; and

Providing a written statement with your contact information, including your address; and

Being fingerprinted and photographed

Additional Punishment Following a Sentence for Dealing Meth

Other than your initial arrest and jail time, you will also be facing other harsh penalties after your methamphetamine conviction.

Other consequences may follow a jail sentence and conviction for dealing meth or sentence of possession for sale of the controlled substance in California. Depending upon your case facts and circumstances, these may include:

Deportation – If you are convicted of any California felony offense and you are in this country illegally, Immigration and Customs Enforcement (“ICE”) has the discretion to bring deportation proceedings against you. This is especially true if you are sent to jail or prison ; ICE can put a deportation “hold” on you, delaying your release.

Suspension of Driver’s License – If you are under age 21 but over age 13 and you are convicted of a controlled substance crime, the judge will suspend your driving privilege for one year. If you are not yet legally eligible to drive, the court will order the Department of Motor Vehicles (“DMV”) to delay your driving privilege for one year subsequent from the age you become eligible to drive (California Vehicle Code ).

Federal Charge – Many of the controlled substances are also listed on the federal controlled substances list. This means that, in addition to state charges, if convicted of possession for sale of a controlled substance, you may also face federal charges in the Federal District Court.

Loss of Benefits – A drug-related conviction could affect your ability to receive public benefits, or welfare (California Health and Safety Code Section , ). You may also be denied federal student aid funding for college. Some individuals have lost their federally subsidized Section 8 Housing Assistance.

Inability to get licensed or hired – A felony conviction for dealing drugs may seriously damage your chances of getting a job. Many employment applications ask if you have ever been convicted of a criminal offense, particularly a felony. Felony drug charges often carry a lifetime stigma.

When you are facing substantial jail time, it is imperative that  you call for an immediate Free and Confidential Consultation at Fiumara & Milligan, Law PC

Please feel free to call North Bay attorneys at Fiumara & Milligan Law, PC 24/7 at ()  in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at ()  to schedule a free and confidential consultation to keep you out of jail.  If you call after hours, our operators will gladly connect you to one of our experienced and compassionate attorneys 24/7.

 

 

Sours: https://northbaylegaldefense.com/penal-code/possession-for-sale-of-methamphetamine-hshas-lasting-consequences/

Similar news:

Possession of Methamphetamine for Sale - HS

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 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

HS is a felony and subjects individuals charged with the crime to 16 months, two, or three years in prison and a maximum $10, 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.

Sours: https://www.californiacriminaldefender.com/possession-of-methamphetamine-for-sale-hshtml


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