Methamphetamine, commonly known as "meth," has become the most common drug-associated with California drug crimes. Since its abuse is on the rise, California authorities are aggressively arresting and prosecuting those found in possession of this drug. Methamphetamine is a psychostimulant that is known to increase concentration, alertness, and energy. Taking high doses is likely to raise high esteem as well as excitement. Since it has high addiction and abuse levels, it is listed on schedule 1, and 2 of the United States controlled substances Act. Meth is a dangerous drug that causes physiological complications on its abusers. However, it has been approved by the medical organization for various medicinal uses.
After your arrest, reach out to an experienced drug crimes defense attorney to help defend you. Note that charges related to drug crimes are taken seriously by the state. So you need a well-experienced drug crimes attorney to help you fight these charges. We at Orange County Criminal Lawyer are skilled and determined to defend your rights. We will investigate your arrest details and gather strong evidence to help fight the charges leveled against you.
What is Methamphetamine?
Methamphetamine (d-desoxyephedrine), also known as speed or meth, is an addictive artificial incentive. It is rarely legitimized for medical use as Desoxynfor the treatment of ADHD.
Being in possession, selling, transporting, and manufacturing without a license can lead to severe charges such as hefty fines, imprisonment, and probation.
It is sold in powder form but could also be sold as a pill. Some of the street names for meth include Ice, crank, crystal, Tweak, Glass Bikers coffee, and Chalk. Those who use the drug swallow, inject or snort the drug. But crystal meth is smoked in a glass pipe. Meth increases energy levels, alertness, heart rate, Hypothermia, and blood pressure.
The use of meth can also cause health problems like anorexia, dental problems, skin picking, memory loss, anxiety, insomnia, confusion, paranoia, delusion, hallucinations, violent behavior, and emotional issues. If taken in a high dose, it can cause increased body temperature leading to heart attack, convulsions, stroke. Overdose can also lead to death.
Meth Possession Legality
Laws concerning the use of methamphetamine keep changing over time. Meth reached The U.S after the second world war. It was first developed in Germany. In the 1950s, doctors started stipulating medicine that had methamphetamine substances to treat depression. In the 19y70s, people began misusing the drug, which led to the drug being made illegal in every medical condition.
Since meth is a controlled drug, there are set rules that regulate the drug's legal and illegal use. However, It is rarely used legally. In most cases, in the U.S, meth is used illegally, and its unlawful possession is a felony. You risk facing financial and legal repercussions if you are arrested with illegal possession of meth.
Meth Crimes in California
Meth offenses are listed under sections 11377, 11378, and 1139 California Health and Safety Code. Although most regulations apply to other restricted drugs, under these laws, it is illegal to:
- Possess meth with the intention to sell.
- Possess meth with no prescription.
- Transport, sell or give away meth or
- Attempt to do any of the listed actions.
Owning substances used to manufacture meth is also classified as a crime.
Possession of Meth
Under section 11377 of the California Health and Safety Code Section, it is illegal to possess any controlled drug without a prescription, methamphetamines included. In rare cases, meth is prescribed as obesity and ADD treatment. However, even with these rare cases, legal possession of meth is very uncommon.
For a defendant to be convicted with the possession of meth, the prosecutor is supposed to prove:
- That you were actually in possession of meth.
- That you were aware of your meth possession.
- That you were fully aware that meth is an illegal drug.
- He/she must prove that you possessed a large amount rather, a usable amount of meth, and not just its traces.
Proving these does not necessarily mean that you will be convicted. For more clarification, let's have an in-depth look at each of the above. We also offer free consultations, so please reach out to us today to discuss your case.
Possession
There are different ways you can possess a controlled drug under California law. They include:
- Actual possession — It means you physically had the meth. Either in your pocket or bag.
- Constructive possession —It means you were in control of the area where the meth was found, such as your car, or you had control over the drug (you could access it quickly).
- Joint Possession — Means you shared possession with another person who was found with the meth. It could be actual or constructive control. Even if the meth was found in another person's home, but there is evidence that you contributed to the purchase, you risk being arrested and charged.
If the prosecutor can prove that you were in actual or constructive possession of meth, he/she has achieved the first section of your possession charge.
Knowledge
The prosecutor is supposed to prove that you were fully aware of your possession and that you knew it was an illegal drug. If you had no idea that meth is unlawful, you might not be convicted. However, the prosecutor will always try to prove that you were aware of your possession; this is why you also need to prove that you had no idea that it is illegal. The court will not believe your word of mouth; you need substantial proof for your claim.
Amount
For you to be convicted, the prosecutor needs to prove that you had a usable amount, not just a trace of it. However, the amount does not need to get you high; an appropriate amount is enough to get you convicted. A possession offense can lead to severe punishments; that is why you should contact an Orange County Criminal Lawyer and talk about your case.
Possession of Meth for Sale
Possession of meth for personal use is termed as "simple possession." California law has a separate section of severe crimes for the control of meth with selling. Distributing meth is charged heavily and severely; however, to be convicted, the prosecutor needs to prove all the components of simple possession and that you had enough to sell. You also had the intention of selling it.
There are factors that the prosecutors could Look for to prove that you intended to sell the meth. Some of these factors include:
- You had a large amount of meth in possession.
- You had divided the meth into different portions.
- You had measuring equipment. For instance, scales used to measure meth or bags used to store meth.
Meth Transportation
Transportation of meth for vending is also classified under a different crime in California law. It means someone imports anytime, suggests transport, furnishes, or gives away; the list is endless. Prosecutors could use some of these transportation means to add more charges to the defendants.
Drug Charges
Different drug crimes have additional charges, from minor possession with minor charges to severe crimes like meth manufacturing with high costs like long imprisonment. No matter what you have been charged with, it would be best to get represented by an orange county criminal lawyer. It will help, especially if you get an attorney who is well skilled and experienced. A qualified lawyer can get a minor possession charge dismissed. Sales charges lessened to that of a simple possession with the likelihood of being dismissed if the defendant is offered to undergo a drug diversion program. For serious convictions that involve sentencing, a skilled lawyer can get the confinement waived down and issue probation instead of prison or jail sentence.
If you are convicted with a technical charge like the manufacturing of meth, having an experienced attorney is crucial. Your attorney needs to be knowledgeable on the evidence and elements the prosecutor needs to provide for you to be convicted. Orange County criminal lawyers have helped many defendants achieve the justice they deserve.
Depending on various circumstances surrounding the case, a person convicted of drug charges may be entitled to a drug diversion program sentence. These programs are listed in " penal code 1000" and " prop 36". Penal code 1000 permits "the deferred entry of judgment." This means that the court will issue an allowance of time to help the defendant complete the drug program, after which the judgment of guilty will be carried out. If the defendant completes the program successfully, the charges may be dismissed. On the other hand, proposition 36 states that the defendants should serve their time in a drug treatment center rather than in prison or jail. If the defendant completes his/her program of prop 36 successfully, he/she can petition for dismissal of the conviction.
Orange County Criminal Lawyers have experience in drug possession defense and know the California laws and have vast experience handling crimes related to California drugs. They have taken different cases from simple possession, sales, manufacturing, and transportation charges and have a record of 99% success. Contact us today for a free and confidential consultation with our attorneys.
Simple Possession
Simple possession of meth falls under section code 11377 in the Health and Safety section. Violating this means that you were in control of meth in small quantities and did not show any proof that you intended to sell.
Sentencing
Simple possession charges are not hefty compared to other meth charges. They are entitled to "deferred entry of judgment," stated under the California Penal code 1000.
The defendant is not entitled to a deferred entry or diversion programs; they are charged with a misdemeanor. They face one-year imprisonment in county jail or pay a fine of up to $1,000.
Diversion Programs for Meth Possession
Depending on your case, you may be allowed to attend a diversion program for a meth charge. This program saves you from being convicted entirely or reduces your punishment and protects you from being imprisoned after a conviction. If you are charged for the first time, and your offense did not involve any violent acts or injury, you may be allowed to join the deferred entry of judgment (DEJ). DEJ is a California program where you get to participate in education and drug treatment for some time. On completion of this program, your case is dismissed entirely. If you fail to complete the entire program within the given period, guilty punishment is entered, and you risk being sentenced to the maximum sentence.
If you are convicted, you may be eligible for drug rehabilitation instead of being sentenced. Proposition 36 permits drug offenders to stay in drug rehabilitation for 12 months in place of jail. During your rehabilitation period, you are expected to follow all probation rules.
The country nowhere your drug charges are happening might have local diversion programs. That is why it is essential to reach out to an Orange County Criminal Lawyer to learn more about your available alternatives to a conviction or even imprisonment.
Meth Sales
Meth sales fall under the health and safety code 11377,11378, and 11379. Selling has severe punishment compared to simple possession. However, the prosecutor must prove your intention to sell.
Sentencing
If a prosecutor can prove that you possessed meth intending to sell it, you risk being charged with a felony. You will be arrested for simple possession as well as possession for sale. Prosecution for sale or transport is similar, and you risk spending up to 4 years in state prison. However, this may be different if you reach out to a qualified attorney to represent you.
Manufacturing of Methamphetamine
Manufacturing meth carries hefty charges and risks the potential for long sentencing. These cases are known as "lab cases." They are associated with the manufacturing of meth on either small or large scale, which is prohibited under section 11379.6.
To be convicted of such a crime, the prosecutor should prove you were manufacturing the drug. The prosecutor can confirm this if he/she found you with a mere preparation or any other valid way.
Sentencing
This violation leads to a felony punishable by a hefty fine or sentencing of five to seven years in state prison. The sentence could be increased depending on various conditions. If the meth manufactured is in a large quantity, as defined in section 11379.8. In addition to the base term, you can serve an additional 3,5,10 or 15 years. Other additional charges apply if any injury or death was caused while manufacturing or if the manufacturing was done in children's presence. Additional charges could also apply if the offender had previously been convicted of similar offenses.
DUI Meth (VC 23152f)
In California, driving under the influence of meth is a specific crime. It is a particular case of DUID, whose punishment is similar to that of DUI alcohol. DUI meth is classified as a misdemeanor, and some of its penalties include:
- The sentencing of up to 12 months.
- You could be charged with a $390 fine plus court charges and other penalty charges.
- Suspension of your California driving license for six months and above.
- You could also be eligible to attend Compulsory completion of the DUI class approved by the state.
In instances where you had the meth in your car, you risk being charged with both meth DUI and simple possession. Our Orange County Criminal Lawyer is experienced and knows in defending you against DUI meth as well as DUI charges.
Orange County Meth Crime Defense
In Orange County, drug laws are stringent. Meth is among the most abused yet most illicit drugs. Even if you are found to possess a little amount of meth in your home, car, or compound, you risk severe punishment. However, they are various legal defenses that your attorney can raise in court to get your charges reduced or dismissed. For example, if the prosecutor obtained a shred of evidence against you in an illegal search, your lawyer has the power to have the evidence dismissed. Just like other cases, the prosecutor has to have enough evidence against you.
Best Meth Defense Strategies in Orange County
If your Orange county defense Lawyer can question the prosecutor or put the prosecutor's evidence in doubt, you cannot be convicted. For example, if your lawyer can prove to the court that you were not aware that you possessed meth or meth in your car or compound or were not aware that meth is illegal in the country, the possession requirement may not work the case. Below are various defense strategies used in Orange County Meth possession cases:
- You were unaware that the meth was in your possession.
- You were not aware that the substance was a drug.
- You had a medicated drug prescription from an authorized medical facility.
- The meth was not in your possession.
- The meth was acquired during an unlawful search.
- Your possession of the drug was temporary so that you could get rid of it.
Other defenses include:
- No meth — You can only be convicted if you act with real methamphetamine. In other words, you could have a legal defense to show you were not reacting with meth. For instance, you could have used a different imitation of the drug and not the drug itself.
- Constrain confession — In California, police are not supposed to use the oppressive measure to constrain an admission. If you can prove that the law coerced you to a confession, then :
- The judge may do away with the confession from the evidence or
- The case could be terminated if you got pressured to confess to a crime you did not commit.
- Lack of a Probable Cause — According to the Fourth Amendment to the U.S Constitution, the police should have a foreseeable cause before detaining or arresting a suspect.
Suppose the police arrested you for the violation of meth, with no due cause. Any evidence collected from unlawful stop/arrest is likely to be excluded from the case, and your subject could also be dismissed.
How Can Hiring A Drug Possession Attorney Help
Meth is among the drugs that carry severe punishments. After being arrested, you may be shocked and overwhelmed by the thought of being convicted and sentenced to jail. However, that is not always the case, you have legal rights, and you may also not end up in jail. Some of the legal rights you are entitled to include:
- The right to remain silent.
- You are eligible for the right to obtain qualified legal counsel to represent you in court.
It is essential to get in touch with a skilled attorney after your arrest. It will help you learn any legal options you have and look for your case's best defense strategy. With an experienced attorney, you will understand the charges against you and how different accounts could impact your life in one way or the other. Our orange county criminal Lawyers will explore all aspects of your case. In case you are entitled to any drug diversion program or probation, our attorneys will try their best to assure the court that rehabilitation always works better than punishment.
Find a Drug Crimes Defense Lawyer Near Me
If you or your loved one have been convicted with methamphetamine possession, you must get a skilled and experienced attorney to represent you. Even though you have been charged with a misdemeanor, charges of a drug crime can be devastating for you and your family. It can stop you from getting your dream job, going to the college of your choice, and could even make you lose your driver’s license. It could also hinder you from acquiring a loan, renting an apartment, renewing an immigration visa, gaining permanent citizenship, and even getting custody of your children. Orange County Criminal Lawyer is here to help you if you are facing criminal charges related to possession of methamphetamine, or other drug crimes. Contact us today at 714-262-4833 to speak to one of our attorneys.
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