Can my case be dismissed for possession for sale of meth in Orange County? (CA Health & Safety Code Section 11351)
If you have been charged with possession for sale of methamphetamine in Orange County, under Health and Safety Code Section 11351, you may face harsh penalties if the prosecution can successfully prove the elements of the crime.
You need the experienced Orange County defense team at Wallin & Klarich to fight for you using an effective defense strategy. There are a number of defenses that could result in the dismissal or reduction of your possession for sale of methamphetamine charge. Here are some successful defenses that our attorneys at Wallin & Klarich can raise on your behalf:
Motion to Suppress Evidence-Penal Code Section 1538.5
A motion to suppress evidence can be filed whenever it is believed that evidence was taken from your person or property unlawfully. A successful motion to suppress evidence means that the illegally seized evidence cannot be used against you in court. This often results in the criminal charges against you being dismissed.
Possession is not illegal if you can prove the defense of momentary possession. In order to establish this defense, you must prove that:
1. You possessed the methamphetamine only for a momentary period;
2. You possessed the methamphetamine in order to abandon, dispose of, or destroy it; AND
3. You did not intend to prevent law enforcement officials from obtaining the methamphetamine.
No Control over Meth
You cannot be charged with possession of meth if you did not have control over the meth. However, the prosecution can satisfy this burden by proving that the substance was in a vehicle or home that belongs to you. Even if you did not personally buy the substance or were not using the substance, the prosecution can still charge you with felony possession of meth. Your Orange County Wallin & Klarich Attorney will go over the facts of your case to determine whether you can successfully raise this defense.
No Awareness or Knowledge of Controlled Substance
If you had no knowledge that the methamphetamine was in your possession or that it was a controlled substance, you have a complete defense to this change. Your Orange County Wallin & Klarich Attorney can argue that you lacked the required knowledge that the methamphetamine was in your possession therefore you cannot be found guilty of possession of meth.
No Intent to Sell
You cannot be charged with possession for sales if you did not intend to sell or have the intent to exchange the meth for money, services, or anything of value. Although being in possession of a controlled substance without the intent to sell is still a crime under California Health and Safety Code Section 11350, your Wallin & Klarich Attorney can use this defense to fight your California Health and Safety Code Section 11351 charge.
By using the defenses above, your Orange County Wallin & Klarich Attorneys may be able to attack the elements of the prosecutor’s case and get your possession for sale of meth charges dismissed.
Orange County Possession for Sale of Methamphetamine Attorney
The first step to getting your case dismissed is to hire an Orange County Possession for Sale of Meth Attorney at Wallin & Klarich to represent you. With over 30 years of experience and offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, and Ventura, our highly skilled and professional defense attorneys will conduct a thorough investigation of the facts and passionately fight for your freedom
Call us today at (888) 280-6839. We will get through this together.