Possession of crystal meth can lead to felony or misdemeanor charges, based on your criminal history and the facts of your case. A misdemeanor is punishable by a one-year jail sentence or a fine of up to $1,000, while a felony carries a three-year jail sentence. These and other consequences of a drug-related conviction under HS 11377 are life-changing.
Fortunately, you can challenge your charges in court for a fair outcome with the help of a skilled criminal defense attorney. Thus, you must find a competent attorney right after your arrest to gather evidence and plan a defense against the charges. Your attorney will ensure you understand your case’s details, options, and the best strategies for a favorable outcome. Here are crucial details about HS 11377 you must know to develop the right fighting strategy:
The Legal Definition of Possession of Meth
HS 11377 prohibits the possession of meth for personal use. However, being arrested and charged under this statute does not automatically make you guilty. The DA must demonstrate all the elements of this offense for a court to deliver a guilty verdict after your trial. These elements are as follows:
- That the police found you with crystal meth
- You knew about the meth in your property
- You knew that possession of that substance was regulated under the law ( this will apply even if you are unaware of the specific nature of the substance)
- You had a sufficient amount of the substance to use it as a drug, not a residue or mere traces of the substance
Let us look at each of these elements in detail to ensure you understand your charges better:
Possession of Meth
Remember that HS 11377 prohibits possession of meth. Thus, the district attorney should demonstrate you possessed the substance to obtain a guilty verdict. Possessing a drug goes beyond having the drugs in your vehicle, pockets, or hands. There are three types of possession when it comes to drug-related charges.
You have actual possession of meth if the police find the substance on your person. This could mean you are holding the drugs or have put them in something you wear or carry.
You can constructively possess the substance if the drugs are in a different location from you, but you have absolute control over them. This could mean that you have the drugs in a locker away from your home, or someone else is keeping them for you.
You can jointly possess meth if the drugs belong to you and another person or people. This means that more than one person is in control of the substance.
The DA must prove one or more of these for the court to find you guilty.
Knowledge About the Nature and Presence of Methamphetamine
Charges under HS 11377 are incomplete unless you know that you have a controlled substance. The DA must prove your knowledge of the substance’s presence and that it was a controlled drug. However, you need not know the actual name of the substance or its chemical composition as long as you know its nature as a controlled substance.
The court will drop your charges if you lack this knowledge during the arrest.
The Substance in Usable Quantity
The quantity of drugs you have also matters for charges under HS 11377. The DA must demonstrate that the quantity of the substance was usable, not a residue of the substance or the drug in mere traces. However, a usable amount does not mean that it should be enough to make you high. However, it should be enough to snort, smoke, or swallow.
Simple Possession of Meth Vs. Possession of Meth for Sale
Possession of crystal meth is prohibited under two separate statutes in California. You can face charges for simple possession under HS 11377 or possession of meth for sale under HS 11378. The difference between the two is in your intent. These two violations are treated differently. The first is a misdemeanor, while the second is a felony offense. Simple possession means you only have enough of the substance for your use. Possession of meth for sale is a rather grave felony with more stringent penalties, including a hefty fine and a lengthy prison sentence.
The DA must determine the actual charge to file against you once the police arrest you for possession of meth. Their decision is usually based on the following:
- Statements you make before or after arrest. For example, suppose you disclose your intent to sell the substance, and another person overhears your conversation. In that case, the DA can use them as witnesses to demonstrate your charges under HS 11377.
- The quantity of substance you had can determine your charges. The DA will file charges under HS 11377 if the substance is enough for one person's consumption. However, if you have more of the substance than you require for your use, the prosecutor could deduce that you intend to sell.
- The substance's packaging could also help the prosecutor determine the correct charge. For example, if you had the drug in small baggies or bindles, it indicates your intent to sell. But a single baggie or bottle shows you only had enough for use.
- The prosecutor can also consider what else the officers recovered in your property or person during the arrest. If they found drug-related paraphernalia, like needles, straws, or pipes, it could serve as evidence of possession of methamphetamine for sale. However, having a single bundle of the substance without any other paraphernalia proves simple possession.
People Exempt From Persecution Under HS 11377
Methamphetamine is a Schedule II substance under California law. This makes it one of the most dangerous drugs because of its high potential for addiction and abuse. That is why the possession, distribution, sale, and manufacture of meth are highly regulated. However, since the drug has some medicinal value, licensed medics are safe from persecution under this statute, provided they hold a valid license and have a reason to possess the substance.
Thus, the judge can drop your charges if you demonstrate you are a veterinarian, doctor, or pharmacist and possess meth according to federal and state law.
Other Substances Prohibited under Health and Safety Code 11377
HS 11377 makes simple possession of several drugs unlawful, including methamphetamine. The other drugs banned under this law include these:
- Ecstasy
- GHB
- PCP
- Ketamine
The penalties for simple possession of these other drugs are the same as those provided for the simple possession of meth.
Possible Penalties for Simple Possession of Meth
HS 11377 is primarily a misdemeanor offense, punishable by the following:
- A one-year jail term
- A court fine of $1,000
However, the prosecutor can bring felony charges against you under the following circumstances:
- If you have a conviction for a severe felony like sexual violence, murder, gross vehicular manslaughter, or sex crime with a minor aged 14 or younger in your record
- If you have a conviction in your record for a sex crime that requires you to register as a sex offender
In this case, your penalties could include 16 months, two (2) or three (3) years in prison.
If you possess more than a kilogram of the substance, you could be subject to sentencing enhancement. Depending on the exact quantity of the drug, the judge could add between three and fifteen years to your prison sentence. The sentencing enhancement will apply even though the DA cannot prove your intention to distribute or sell the substance.
Drug Diversion
You can qualify for rehabilitation and treatment through drug diversion if your charge for possessing meth is a misdemeanor. People eligible for diversion programs can avoid jail sentences if they complete rehabilitation and treatment as the judge recommends. However, you must meet the criteria for the prosecutor to recommend drug diversion instead of a trial. The criteria include the following requirements:
- You must be a first-time or second-time offender
- The crime should be non-violent
- The details of your case must show that you had just enough of the substance for your use.
- You must enter a guilty plea.
Depending on the details of your case, the prosecutor can recommend drug diversion under Prop 36, PC 100, or drug court. The court will drop your charges once you complete the program and are completely rehabilitated. However, if you are unsuccessful in this program, the court will continue the case as it should have been from the beginning. You risk a drug conviction if you fail the drug diversion.
Note: You are not qualified for drug diversion treatment if you face charges for selling methamphetamine or possessing methamphetamine for sale.
Fighting Charges for Possession of Meth
Being arrested for possession of meth does not automatically result in a guilty verdict. The criminal justice system requires you to undergo a fair trial, whereby a jury hears testimonies and reviews evidence to determine whether you are guilty. This means you can fight your charges to influence the result of the case. However, you need the assistance of a skilled criminal attorney to prepare well for trial. Your attorney will help you gather and organize evidence and develop a solid fighting strategy that could compel the court to drop or reduce the charges. Here are some of the best defense strategies your attorney can use to obtain a favorable outcome for your case:
You Had a Prescription
HS 11377 prohibits the illegal possession of meth. Having a legal prescription makes your actions legal, meaning you are innocent under this law. However, you must show a valid prescription so the court can drop your charges.
A valid prescription must be up-to-date and provide details of the quantity of substance you can obtain or possess. It must also show why you need the prescription and be issued by an authorized healthcare professional, like a doctor, pharmacist, or veterinarian. The court will drop your charges if your attorney can demonstrate all this.
You Did Not Know About The Drug’s Presence In Your Property or Person
If the police find meth that is under your control, the DA must demonstrate your knowledge about the drug’s presence to obtain a guilty verdict. You are not guilty if you did not knowingly possess the drug. Someone could have planted the substance in your bag, jacket, vehicle, or home without your knowledge. A skilled attorney will ensure you are not convicted for a crime you did not knowingly commit.
The Police Violated Your Rights
The law guides the police in conducting themselves when arresting suspected offenders or investigating crimes. For example, the police must have probable cause to stop and investigate a person for drug possession. They must also read and grant your Miranda rights before obtaining your statement. If you need counsel and cannot afford a private attorney, the police must provide a public defender for legal representation.
If the police violated your rights, your attorney can use that violation to fight for a favorable outcome for your case. For example, the judge can dismiss your charges if you were arrested without a valid probable cause. The judge can also dismiss your statements if the police obtained them after violating your right to counsel.
You Are a Victim of Police Entrapment
People who knowingly commit drug crimes do so in secret, making it difficult for law enforcement officers to arrest them in an act of crime. This prompts officers to use tricks and strategies to arrest the perpetrators and obtain credible evidence. Sometimes, the police use entrapment to arrest a suspected offender in the act of crime. However, this can cause problems for the officers and the prosecution.
If the police entrapped you, and your attorney can prove that you only committed the crime because of police entrapment, you have a valid defense. The judge will dismiss your charges if you convince them that you only acted the way you did because the police tricked, coerced, or forced you.
The Police Conducted an Illegal Search and Seizure
Sometimes, the police make illegal searches and seizures because waiting for a search and seizure warrant could cause them to lose evidence. However, the law prohibits unlawful searches. You can fight evidence against you by stating that the police obtained it through an illegal search. This could count if the officer did not obtain a search and seizure warrant or exceeded the limitations of their warrant. The law requires judges to dismiss evidence obtained after violating a defendant’s rights. This could leave the prosecutor without sufficient evidence for a guilty verdict.
You Were Disposing of the Meth
Your skilled attorney can also argue that you had the meth because you were disposing of it. Although being in unlawful possession of meth is a crime, the judge can dismiss your charges if your intention was good. You can state that you came across the drugs by chance and were trying to dispose of them. Alternatively, you can argue that you were about to destroy the drugs after changing your mind about using or selling them. The judge can dismiss your charges if you convince them of your good intentions.
Possession of Meth and Related offenses
Several drug crimes under the law are closely related to possession of methamphetamine. The most common of these crimes are:
HS 11350
This law prohibits the possession of a regulated substance. It is a misdemeanor offense punishable by a maximum of one year in jail. HS 11350 mainly applies in cases where a person has controlled substances for personal use. If the substances are more than you can consume, the prosecutor can file charges for drug trafficking or possession for the sale of controlled substances.
HS 11351
This law prohibits possession of a regulated substance for sale. The amount of drugs should be more than you need for personal use for the prosecutor to file charges under this statute. A violation of hS 11351 is a felony, punishable by a maximum of four years in prison.
HS 11352
This law prohibits transport for the sale of a controlled substance. The prosecutor must demonstrate your intent to sell the drugs to obtain a conviction. If they are successful, you will likely receive a maximum of nine years in prison for a felony conviction.
Find a Skilled Criminal Defense Lawyer Near Me
Simple possession of meth is a grave offense that could result in severe penalties and other consequences. In addition to a hefty fine and a lengthy jail sentence after conviction, you are left with a life-altering criminal record. This could complicate making friends, finding a job, or renting a house. Fighting your charges improves your chances of obtaining a favorable outcome.
At Leah Legal, we handle all types of drug cases. Our competent defense attorneys understand the law enough to help you comprehend your legal position, options, and the right defense strategies for the best outcome for your Van Nuys case. We know how damaging a drug conviction will be to your life. We can use our skills and experience to reduce or dismiss your charges. Contact us at 818-484-1100 to discuss your case and our services in detail.