Southern California Defense Blog

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.

Momentary Possession

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.

If you find yourself facing criminal charges for being in possession of Methamphetamine you will need to be aware of what the prosecution must prove in order to convict you.

Since meth is classified as a controlled substance, simply having possession of a usable amount can result in criminal charges. You can be deemed to be in “possession” by having it on your person (i.e., in your pocket) or having it in a place that gives you easy access to it (i.e., your car or home).

However, keep in mind that there needs to be a “sufficient quantity” of it; meaning that you need to be in possession of enough to get yourself high. Simply having residue or traces of it is not enough to be charged.

You also need to have been aware of the fact that you had possession. You cannot be convicted of possession when you did not know that the illegal substance was near you. Sometimes our clients unwittingly come into possession of meth when a friend of theirs places drugs into their coat pockets or hides drugs in their car or home without their knowledge.

Finally, there is a requirement that you need to have known that the powdery substance in your possession was a drug with narcotic effects. If you had thought that the powdery substance was table salt, for example, then clearly you were unaware of its status as a controlled substance.

The criminal justice system can be very unfair, so you will need to have an attorney to ensure that your case is properly litigated and that all mitigating circumstances are brought to the court’s attention. Any failure to raise or prove necessary defenses can lead to severe consequences.

A violation of Health and Safety Code Section 11377 can be prosecuted as a misdemeanor or a felony. A misdemeanor conviction can lead to one year in county jail, while a felony conviction can result in a county jail sentence of up to 3 years. You may also be required to pay a fine of up to $10,000. You will also walk away with a permanent criminal conviction on your record that will follow you for the remainder of your life, which can hinder future employment or licensing endeavors.

Drug charges are very serious and need to be handled very carefully. Our San Bernardino criminal defense attorneys at Wallin & Klarich have been in practice for over 30 years and know what is at stake. Call us today at 888-749-0034 or visit us online at www.wklaw.com. Our attorneys are very knowledgeable and can tell you what options are available to you. We will get through this together.

California Health and Safety Code Section 11377 makes methamphetamine (“meth”) possession illegal. Meth Possession is a serious crime with serious penalties. If you are charged with meth possession, it is important that you speak to an experienced criminal defense attorney to get you the best possible result in your case.

Meth possession means that you had physical custody of the meth. You must also know the nature of meth as a controlled substance to be convicted. The amount of meth also has to be usable. If this can be proven, you may face a conviction for meth possession.

Having an experienced attorney can help you bring up defenses to your charge. There are many defenses to meth possession. The obvious one is that the defendant did not have physical control over the substance. Furthermore, the defendant cannot be convicted of possession of methamphetamine if he/she was not aware or had knowledge that the methamphetamine was in their presence or that it was a controlled substance.

There is also the momentary meth possession defense. Momentary possession requires that the defendant only possessed the substance for a momentary or transitory period; the possession of methamphetamine was for purposes of abandoning it, disposing of it or to destroy it.

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