Methamphetamine users and manufacturers have been an increasingly popular target of law enforcers in Fresno. Meth is a Schedule II controlled substance. A violation of the possession of methamphetamine (HS 11377) statute carries penalties like incarceration and hefty fines. Whether you have a drug problem or not, a drug crime charge can cause individuals to perceive you differently. If the judge ultimately finds you guilty, it will damage your professional relationships and reputation and affect your ability to secure stable employment and affordable housing and obtain state professional licenses. California Criminal Lawyer Group, an experienced Fresno law firm, understands a lot is at stake. We can collect evidence and listen to you to advise you on your available legal options, the potential penalties, and how to make the best of the legal trouble.

Everything You Need to Know About Possession of Methamphetamine Definition

Also referred to as meth, chalk, ice, or glass, methamphetamine is a powerful and incredibly addictive stimulant that wreaks havoc on the user’s central nervous system. It is an odorless, bitter-tasting, and white crystal-like powder that you dissolve into a liquid. Crystal meth is smoked with a glass pipe, while meth can be taken orally, snorted, dissolved in a liquid, or smoked.

It is a controlled substance, and it is unlawful to possess meth without a medical professional-issued prescription. Doctors rarely prescribe this narcotic because it is addictive and hazardous.

According to Health and Safety Code Section 11377(a), it is illegal to possess methamphetamine.

Before the judge convicts a defendant of HS 11377, the prosecution must establish the following elements of this crime:

  • The accused person possessed methamphetamines.
  • The defendant was aware that they possessed methamphetamines.
  • The accused was aware what they were holding was a controlled substance (even when they were not aware it was methamphetamines).
  • There were sufficient methamphetamines the accused could use as a narcotic, not just useless residue or traces.

Defining Possession

California law has a precise definition of possession. It is broader than you think. It is possible to have constructive or actual possession of something. Additionally, you can have joint possession of something with at least one person.

You have actual possession of methamphetamines when you hold the narcotic or have its immediate access. It includes having it in your body, clothing, or something you hold, like a bag or purse.

Constructive possession means possessing drugs when you do not have immediate access but can control them or have the right to control them. It could be in your motor vehicle, home, or another person’s custody. Please note that you can have constructive possession even when not in the same location as the item.

Joint possession happens when at least two individuals share either constructive or actual possession of methamphetamines.

The prosecutor can charge you with HS 11377 for possession of meth in any of these ways.

Defining Knowledge

For the judge to find you guilty, the prosecution should establish that you were aware of the narcotics' existence and that you knew the drug was a narcotic. That means you are innocent if you were not aware that you had meth or that what you possessed was a narcotic.

Nevertheless, the defendant doesn't need to know the drug’s name or its chemical composition to be sentenced for HS 11377. It is sufficient that they knew what they had was a controlled substance.

Usable Quantities

You cannot be guilty of HS 11377 if you do not have adequate meth to swallow, snort, or smoke.

However, it is not necessary to have sufficient meth to be intoxicated. It means you should have more than traces or residue.

How Simple Possession Differs from Possession for Sale

California HS 11377 alludes to simple possession (possession of methamphetamine for personal use). It carries less severe penalties than possession of meth for sale (HS 11378).

Here are the variations:

  • Your statement — If a person heard your plan to sell controlled substances, the prosecution could use your statement to prove a violation of HS 11378.
  • The methamphetamine's quantity — The more methamphetamine you possess, the more difficult it is to persuade the jury, prosecution, or judge that the narcotics were for personal use.
  • Existence of drug paraphernalia — When law enforcers discover drug paraphernalia like a straw for snorting, pipes, or needles, they can prove that the drug was for the defendant’s personal use.
  • Meth packaging —Many baggies or bingles could imply that you plan to sell meth. One bottle, bindle, or baggie could establish that the controlled substance was for personal use and a Health and Safety Code 11377 violation.

Medical Practitioners Can Possess Meth

Medical experts, like veterinarians, doctors, and pharmacists, do not break Health and Safety Code 11377 HS when they have meth per federal and state laws.

HS 11377 Statute Also Covers Other Drugs

Health and Safety Code 11377 not only prohibits possession of meth but also anabolic steroids, party drugs, and other stimulants, like:

  • Gamma-hydroxybutyric (GHB).
  • Phencyclidine (PCP).
  • Ketamine.
  • Ecstasy.

Simple possession of any of these narcotics attracts the same consequences as simple possession of meth.

Penalties, Consequences, and Sentencing

Violation of Health and Safety Code Section 11377 is a California misdemeanor. It is punishable by the following penalties:

  • A one-year county jail sentence.
  • Fines that do not exceed $1,000.

However, you risk facing a felony for HS 11377 if you have a previous conviction for either:

  • A serious felony like sexually violent crime, sex crime against a minor below 14, gross vehicular manslaughter while intoxicated, or murder.
  • A sex offense that requires you to register as a sex offender.

A felony carries sixteen months, two years, or three years in jail.

Possessing at Least One Kilogram

If you are found guilty of possessing more than a kilogram of meth, the judge will enhance your sentence with three to fifteen years in state prison.

Drug Diversion Eligibility

Drug diversion allows you to receive education and treatment instead of serving time. You can qualify for drug treatment (diversion) if:

  • The controlled substance was for personal use, and
  • This is your first or second non-violent criminal charge.

Golden State has three drug diversion programs, namely:

  • Drug court.
  • PC 1000.
  • Proposition 36.

After completing the program, the court will dismiss your criminal charges, leaving no criminal record. That means you can truthfully respond to questions about your previous criminal record and say that you were not arrested or granted pretrial diversion for this crime. However, the exception is by applying for a law enforcement job.

Please note that drug diversion is unavailable if you plead guilty to or are sentenced for possessing methamphetamine (HS 11378) or selling meth (HS 11379). Nevertheless, if you plead guilty to California Health and Safety Code 11377 HS as a plea bargain from any of these severe criminal charges, you retain qualification for drug rehabilitation/diversion.

Legal Strategies to Fight Your Drug Crime Charges

California Criminal Lawyer Group is a seasoned Fresno criminal defense law firm. The section below discusses the legal defenses to this crime that our legal team finds the most practical.

You Had a Prescription

The court cannot find you guilty if you had a justifiable prescription for meth and had only a quantity consistent with your prescription’s objective. You can utilize your medical record and have a forensic expert weigh the methamphetamine the police found.

You Did Possess the Controlled Substance

The District Attorney should drop your criminal charges if your defense attorney can prove you did not knowingly possess the drug and that another person owned it. You can claim that an individual left the drug or planted it in your home without your knowledge.

Some practical evidence you can use includes eyewitness accounts and surveillance videos. You are innocent if the prosecution cannot establish that you were aware of the illegal substance and had its control.

Illegal Search and Seizure

Law enforcers require a valid search warrant to legally search your assets or person. A probable cause supports the search warrant.

These are exemptions to the search warrant requirement, including the following:

  • A search conducted with your voluntary consent.
  • A search incident is a legal arrest where the police are looking for weapons that they can use against you or for criminal proof that can destroy.
  • A search and seizure in an emergency that is crucial to prevent severe property damage or physical harm or to locate a fugitive.
  • A search of an incriminating item in plain view.

If you are a victim of an illegal search and seizure, your lawyer can request that the judge exclude the proof in the case. It is called the exclusionary rule. You can achieve this by filing PC 1538.5 (a motion to suppress your evidence).

You Were Legally Disposing of or Delivering Meth

It is a legal defense for the defendant to claim that they were disposing of the controlled substance for a prescription owner or delivering it for them.

According to HS 11377, a judge cannot sentence you for meth possession if all the statements below are correct:

  • Another person possessed the narcotic.
  • You had the drug with the permission or direction of that individual.
  • You intended to deliver the drug to the prescription’s owner or dispose of it legally.
  • You did not use, sell, or distribute the methamphetamine.

Related Offenses

Some of the crimes charged alongside or instead of HS 11377 include the following:

Possession of Controlled Substances

HS 11350(a) bans possession of controlled substances, including prescription medication without a valid prescription and street narcotics.

Typically, a conviction is a misdemeanor punishable by a year in a California county jail and a one-thousand-dollar fine. The crime becomes a felony if you have a previous sex crime or a serious felony conviction.

Sale or Transportation of Controlled Drugs

California HS 11352 prohibits selling, transporting, furnishing, importing, or administering controlled substances.

It is a felony punishable by the following maximum penalties:

  • Nine years in county jail.
  • $20,000 in fines.

Nonetheless, aggravating factors like transporting specific quantities of controlled drugs or selling narcotics to children can enhance your penalties.

Manufacturing Controlled Substances

It is a crime, according to California HS 11379.6, to manufacture, produce, convert, process, derive, or prepare any controlled drug.

Some instances include:

  • Running a meth lab.
  • Mixing precursor meth chemicals that are utilized to make hashish in a garage.

The manufacturing of a controlled drug is a California felony. Its penalties include:

  • A prison sentence of three to seven years in state prison.
  • A fine not exceeding $50,000.

Common case defenses you can use include claiming your arrest was due to an illegal search and seizure, mistaken identity, your acts were just preparatory and did not constitute manufacturing, and unlawful police entrapment.

Possession of Meth Manufacturing Materials

It is a California felony, according to HS 11383.5, to possess chemicals used in the manufacturing of meth with the motive of utilizing them to make meth. It includes combining chemicals.

It is a violation often prosecuted along with Health and Safety Code 11379. Its criminal penalties include up to six years in prison.

Methamphetamine Sale or Transport

Selling and transporting meth (HS 11379) is a California felony drug offense whose penalties include fines and a prison sentence. For first-time offenders without aggravating factors, the penalties include:

  • A prison sentence of between two and four years in California state prison.
  • Supervised probation.
  • A maximum fine of $10,000.

Although diversion for drugs might be an available option for most drug offenses, an HS 11379 violation has no option of substituting jail time with drug diversion.

Courts have enhanced criminal penalties when the following situations exist:

  • Using the assistance of an underage child to commit this crime.
  • Selling meth close to a drug treatment facility.
  • The sale and transportation of methamphetamine exceeding one kilo.

Driving Under the Influence of Drugs

Vehicle Code Section 23152(f) bans operating a car while under the influence of drugs. The law deems a person under the influence when they cannot drive like a sober individual under the same circumstances due to the drugs.

It is a misdemeanor punishable by suspension of your driver’s license, fines, six months in jail, and informal DUI probation. The crime becomes a felony if:

  • You have at least three previous DUI convictions.
  • You have a previous felony DUI conviction.
  • You severely injured or killed another person due to your drunk driving.

How Long Does a Drug Crime Case Last?

It usually depends on the case’s nature.

 If the drug crime is a simple possession for individual use, sometimes the defendant qualifies for a diversion program like drug court. These programs take about 12 to 24 months to resolve the case, and the drug criminal charges are dismissed.

 If the drug crime is a California misdemeanor or felony that is not eligible for drug diversion, the case can take as much time as it needs. Some cases can be resolved promptly, while others may take six months or longer. It all depends on the crime’s nature and severity.

Arraignment Court Hearing

An arraignment is the initial court hearing in the criminal legal process following your arrest. It should happen within 48 hours of the arrest, excluding holidays and weekends. The 48-hour rule applies irrespective of whether you are accused of a felony or a misdemeanor.

During your arraignment hearing, the following will happen:

  • The California court will formally charge you with an offense and inform you, the defendant, of your legal rights.
  • The court will notify you of the criminal charges you are facing.
  • Your lawyer will contest any court orders related to your criminal case.
  • You will enter your initial plea.

Here are the crucial constitutional rights the judge will advise you about:

  • Your legal right to have access to a lawyer.
  • The constitutional right against incriminating yourself.
  • The entitlement to cross-examine witnesses.
  • The legal entitlement to a speedy trial.
  • The right to reasonable bail.

Can Your Lawyer Appear in Court on Your Behalf?

You must physically attend your court arraignment and many other court hearings if charged with a California felony. However, there are exceptions that either:

  • excuse you from appearing in court if you have a written waiver and the judge allows your waiver or
  • permit you to attend your court dates through audio and video conferences.

If charged with a misdemeanor, your attorney can attend the court hearing on your behalf.

What Transpires If You Fail to Show Up in Court?

The California court will typically issue a bench warrant if you or your lawyer fail to appear. It authorizes police agents to arrest you and present you directly in court.

Failing to attend court while facing a felony offense could lead to another felony charge. Failing to present yourself in a California misdemeanor case attracts another misdemeanor.

Can Your Charges be Dropped at an Arraignment Hearing?

Neither the judge nor the prosecutor can dismiss your criminal charges at your arraignment.

Although the prosecutor can dismiss the criminal charge after discovering a compelling reason to act so, they occasionally do it.

What Happens Post-Arraignment?

If the California judge does not dismiss your charges during arraignment, then your case enters pretrial.

As the name suggests, a pretrial is all events before the jury. These events can include the following:

  • Lawyers filing motions or petitions for the judge to take your desired actions.
  • Plea negations.
  • Discovery issues, where parties in court exchange necessary evidence with each other.

How To Prepare for Your Court Hearings

You can prepare for your court hearing by doing the following:

Gather All The Evidence You Require, Including Witness Statements

Once you understand the evidence you require for your court date, you could need the judge to subpoena a person to:

  • Present themselves in court and speak with the judge regarding your case.
  • Send information about the case to the California court for the other party and the judge to scrutinize.

You only require a subpoena (a court order) if you cannot obtain the case details or the individual to appear in court voluntarily.

Request for The Necessary Court Services

You are allowed to ask for court services, including:

  • Access to a court interpreter — If you can fluently speak or understand English, you should request an interpreter for your hearing date.
  • You can also request court accommodations if you live with a disability.

Witness Some Live Court Proceedings

If you have some extra time, attend a live court hearing.

Observe how the judge addresses individuals in court, the questions they ask, how the discussion goes back and forth between the parties involved, and how much time you might have to narrate your side of the story to the judge.

Your defense attorney should also tell you what to expect.

Create Copies and Organize Your Documents

You should create copies. Keep the original documents for yourself and one copy for the judge.

Neatly organize your paperwork to find it quickly if the judge requests clarification.

If your hearing is virtual, ensure you know how to submit your evidence to the court.

Plan On What You Will Say in Court

You should do the following:

  • Go over the court forms and the state evidence against you so you will be prepared to articulate your defense when you appear in court.
  • Practice telling your version of events and how to respond to the prosecutor’s statements. It will help you give precise answers.
  • Anticipate what the prosecution may say in court. That way, you will be prepared to answer all questions clearly and promptly.
  • Track your case progress.

Your lawyer should guide you on this.

Dress Appropriately

Treat your court hearing the way you dress for your job interview. During your job interview, first impressions are essential; the same applies when meeting a judge or the prosecution. Ensure your clothes are pressed, clean, and tidy, and your shoes are shined.

You should neither put on a hat nor dress like you are attending a prom. Instead, have a business casual look.

If you have tattoos, cover them and take out your facial piercings. Avoid loud bracelets and big earrings.

Find a Competent Drug Crime Defense Attorney Near Me

Meth is dangerous, highly addictive, and destroys the user’s psyche and body. You risk facing severe consequences if the police have arrested you for HS 11377, but you do not have to. To protect your best interests, freedom, and constitutional rights, you should seek experienced legal representation. California Criminal Lawyer Group can thoroughly investigate your case to determine whether the police violated your rights and to identify gaps in the prosecutor’s case. Call our Fresno legal office at 559-712-8377 to schedule your initial free consultation to discuss your unique situation.