Health and Safety Code 11377 focuses on the possession of methamphetamine. As more and more arrests are being made in connection to methamphetamine possession, one may be led to inquire about the legalities of the charges. An experienced attorney can help you maneuver the legal system properly after you have been charged with such a crime. In order to be convicted by the court for this particular offense, it must be proven that you were in possession of the controlled substance, it was an amount for use, and that you knew you were in possession of the methamphetamine. Therefore, if you are charged with this violation, you should immediately seek legal counsel as there are several options for successful defense.
Some options for defense include arguing that you lacked the control of or the possession of the illegal substance in question. Another option would be to say that you only were in possession of the drug momentarily or that you had no idea that the drug in your possession was a controlled substance. Another valid argument is that you had a valid prescription for the substance in question. One of the most popular defenses taken is that law enforcement officials failed to adhere to the proper procedures during the seizure and your subsequent arrest. Remember, the authorities have to prove their case against you. You have the legal right for experienced defense counsel to represent you in this situation.
The proper defense route will be carefully scrutinized by the attorney representing you. Your attorney will fully assess the circumstances, looking at the amount of methamphetamine seized, where and how it was found, and your particular situation, such as whether you were indeed in possession of it and whether you had a prescription for the drug. An experienced attorney who is knowledgeable in criminal law pertaining to drug charges can help you with your situation and properly defend you in court. Just because you have been charged with a crime does not mean you are guilty. Trained legal counsel can prove effective in such challenges.
Being convicted of Health and Safety Code 11377 could be either misdemeanor or a felony, so it can have a negative impact on your record, and your life in general, for years to come. The conviction and sentencing for the violation is based on whether one was charged with it as a misdemeanor or as a felony offense. If convicted of the violation as a misdemeanor, one could face up to a $1,000 fine and as much as a year in county jail. If charged and convicted of a felony, the jail time increases to 16 months, 2 years or 3 years and the fine can jump as high as $10,000. Those convicted may also be subjected to random drug testing while on parole for the crime.
One lingering question probably focuses on how the authorities are going to prove that you had methamphetamine on your person or in your possession. To prove this, they can have witnesses testify against you, conduct laboratory testing to show it was on your skin or clothing, and even call on an expert witness to verify that the drug is indeed methamphetamine.
Regardless of whether or not you knew the drug in question was methamphetamine, the prosecution has to prove without a doubt that you knew it was in your possession. If you didn't know it was in your possession, that is a valid legal defense. Perhaps it was left in your vehicle by a passenger, or a roommate could have put the substance in your bag. Your legal team will work with you to determine how the substance got to the location that it was found. The amount also has to be considered usable, meaning there is enough of it in your possession so that it can be used and affect your disposition.
An experienced defense attorney will take the time to discuss your particular situation with you in detail. At that point, you will be told which would be the most effective path of defense for your case and how to proceed in court regarding the matter. Retaining an attorney as soon as possible after being charged is essential in proving your innocence and having fair representation in court. If you or a family member has been charged with violating Health and Safety Code 11377, contact an experienced attorney today who is skilled in drug related criminal defense.
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