Have You Been Arrested in California for Methamphetamine Possession, Sales, Transportation or Production?
Tully and Weiss Criminal Lawyers Experienced Meth Lawyers Can Help in any California Court.
Because methamphetamines are among California's most abused drugs, the State strictly enforces meth laws and penalties for violations can be harsh. With California's emphasis on fighting drug crimes and abuse, law enforcement works overtime to “clean the streets” and arrest and charge as many people as possible. Unfortunately a large number of innocent citizens are caught up in the police crusade and prosecuted for exaggerated allegations of crimes where they are simply not guilty.
Whether you had meth in your possession, are completely innocent, or are a victim of addiction, everyone is entitled to the best defense available, so we turn the tables on overzealous prosecutors and police and give you a powerful and proactive defense.
Tully & Weiss drug crime defense attorneys are dedicated to aggressively delivering your best defense and making certain the State of California does not trample your rights and win a conviction. Our experienced attorneys represent people in Alameda, Contra Costa, and Santa Clara County, and throughout California.
What Are California Laws Regarding Methamphetamine Crimes?
The Following are California's Health and Safety Code Charges Regarding Methamphetamines:
- Possession of Methamphetamines (11377 HS): prohibits methamphetamine possession without a valid prescription.
- Possession of Methamphetamines with Intent to Sell (11378 HS): prohibits methamphetamine possession with intent to sell.
- Transport or Sale of Methamphetamines (11379 HS): prohibits the sale (exchange of money, services or anything else of value), transport (transfer from one place to another, regardless of distance), provision or administration of methamphetamines. The offer or attempt to transport or sell methamphetamines is also prohibited.
- Manufacturing a Controlled Substance (11379.6 HS): prohibits the manufacturing, compounding, producing, extracting, deriving, preparing or processing of an illegal controlled substance or offering to participate in any stage of the process.
If you have been arrested for a methamphetamine-related crime, the prosecution is already constructing its case against you. It is crucial that you begin organizing your defense as soon as possible. The sooner we start building an aggressive defense, the better your chances of avoiding conviction. We are certified experts in defending methamphetamine-related charges, our innovative defense strategies can often get your charges reduced or dismissed so your future is not damaged by one unfortunate experience.
What Are The Penalties For Methamphetamine Crimes in California?
The penalties associated with a methamphetamine charge can be severe and affect you for the rest of your life. The following are the penalties associated with California's Health and Safety Code violations regarding methamphetamines:
- Penalties for Possession of Methamphetamines: This offense is normally charged as a misdemeanor punishable by up to 1 year in county jail and/or a fine of up to $1,000. It becomes a felony if you have a prior serious felony conviction (murder, vehicular manslaughter while intoxicated, or a sex crime requiring you to register as a California sex offender). A felony charge is punishable by 16 months to 3 years in state prison.
- Penalties for Possession of Methamphetamines with Intent to Sell: This is a felony conviction punishable by 16 months to 3 years in state prison and/or a fine of up to $10,000. Immigrants or illegal aliens may be subject to deportation if convicted.
- Penalties for Transport or Sale of Methamphetamines: This is a felony offense punishable by 2 to 4 years in county jail and a fine of up to $10,000. If the meth is transported across more than two countries, the jail sentence is increased to 3 to 9 years. Immigrants or illegal aliens may be subject to deportation if convicted.
- Penalties for Manufacturing a Controlled Substance: This is a felony offense punishable by up to 1 year in county jail or 3 to 7 years in state prison and a fine of up to $50,000. The sentence may be increased depending on the quantity and type produced, whether children were near the production, involvement of injury or death, and prior drug convictions. Offering to aid in production is a felony punishable by up to 5 years in state prison.
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There are also Aggravating Factors that Can Increase Sentences for a Meth Conviction
In addition to the standard penalties, several specific circumstances can add to your sentence for a meth-related crime.
- Location: Regardless of quantity, if the possession, sale or transport of methamphetamine takes place within 1,000 feet of a homeless shelter, detox center or drug rehabilitation facility, up to 1 year in county jail may be added to a sentence.
- Quantity: Possession of over 1 kilogram of methamphetamine may add 3 to 15 years in state prison to a sentence.
- Minor involvement: If an individual under the age of 18 aids in the sale of methamphetamine or purchases methamphetamine from you, an additional 3 to 9 years in state prison may be added to a sentence.
Penalties for meth charges in California can be severe and the effects are lifelong. Even after completing your sentence, a criminal record will cause difficulty getting employment, licensing, housing and even child custody.
However, an arrest alone doesn't automatically damage your record. You can fight to have the charges reduced or dismissed altogether. Contact an experienced California drug crime defense attorney as soon as possible. Our attorneys at Tully & Weiss Law Firm work tirelessly delivering the best defense for each and every client.
What Defense Strategies Will a Lawyer Use To Fight a Methamphetamine Charge?
A variety of powerful defenses advocated by an experienced drug crime defense lawyer can help you succeed in winning your case –lessening the charge or eliminating it entirely.
Legal Defenses for Possession of Methamphetamines
In order to convict you of possession of methamphetamines, the prosecutor must prove beyond a reasonable doubt that (1) you had methamphetamines on your person or had the right to control them (constructive possession), (2) you knew you possessed methamphetamines, (3) you knew methamphetamines are a controlled substance, and (4) there was a sufficient quantity to be used as a drug (residue doesn't count). Your California drug defense lawyer will attempt to disprove one of these elements.
Other possible defenses are that you held a valid prescription for the meth, it belonged to someone else, or the meth was discovered via illegal search and seizure (a valid California search warrant, probable cause or your consent may have been required depending on the circumstances).
Legal Defenses for Possession of Methamphetamines with Intent to Sell
In order to convict you of possession with intent to sell, the prosecutor must prove beyond a reasonable doubt that (1) you had methamphetamines on your person or constructive possession, (2) you knew you possessed methamphetamines, (3) you knew methamphetamines are a controlled substance, (4) there was sufficient quantity to be sold for consumption, and (5) you possessed it with the intent to sell.
Was there a large quantity? Was it packaged for sale? Was drug paraphernalia present to indicate personal use? If your attorney can show the court that you possessed the drug for personal use only, you may qualify for less harsh penalties and perhaps drug diversion. Other possible defenses are that you held a valid prescription, the meth belonged to someone else, or the meth was discovered through illegal search and seizure.
Legal Defenses for Transport or Sale of Methamphetamines
In order to convict you of the transport or sale of methamphetamines, the prosecutor must prove beyond a reasonable doubt that (1) you had methamphetamines on your person or had constructive possession, (2) you knew you possessed methamphetamines, (3) you knew methamphetamines are a controlled substance, and (4) you transported, sold or provided enough meth to be used as a drug. Your California drug defense lawyer will attempt to disprove one of these elements.
Other possible defenses are that you held a valid prescription, the meth belonged to someone else, or the meth was discovered via illegal search and seizure. Entrapment is a plausible defense when an undercover officer has coerced or tricked you into selling, transporting or providing the meth and you otherwise would not have done so.
Legal Defenses for Manufacturing a Controlled Substance
Your California drug defense attorney may provide a number of legal defenses to help reduce or eliminate a manufacturing of methamphetamines charge. Some common defense strategies include the argument that you had no knowledge of the meth lab and were simply in the wrong place at the wrong time, you weren't actually operating a meth lab but merely preparing to operate one, your meth lab was discovered via illegal search and seizure, you were falsely accused or you are a victim of mistaken identity.
Drug diversion is an option that allows a drug user to receive drug treatment in place of incarceration (1000 PC, Prop 36). If you are convicted of personal methamphetamine possession or if your attorney negotiates a reduced plea to personal possession from a sales or transport charge, you may qualify for drug diversion. Charges may be dismissed with successful completion of a diversion program.
Our mission at Tully & Weiss is to provide you with the most powerful defense possible. Defending your rights and future against a drug crime charge requires a team effort. Our defense team works hard to identify weaknesses in the prosecution's case and has experts and investigators to help deliver a bulletproof defense for your case. Our approach works.