A charge of violation of Health and Safety code section 11377, Possession of Methampethamine, is a drug offense that may affect your record and future, so it is wise to choose the right defender like David Pflaum to help you.
Health and Safety section 11377, Felony or Misdemeanor
Possessing methamphetamine can be a felony or a misdemeanor depending on the evidence and circumstances of the case. Prosecutors also may consider whether the person in possession has a record of previous offenses and the amount of methamphetamine that was found.
If a person is convicted of a felony possession of methamphetamine the punishment is 16 months, 2 or 3 years in county jail and a fine up to $ 10,000.00.
If someone is convicted of a misdemeanor violation of possession of methamphetamine, he or she may be ordered to spend up to one year in county jail and pay a fine of $ 1,000.00 plus penalty assessments.
Probation Terms
If someone pleads guilty to a misdemeanor or felony possession of methamphetamine, the judge may order them to regularly check in with a probation officer, complete community service, attend counseling against drugs, and to undergo drug tests.
Common Defenses and Strategies
There are many ways to fight an accusation of possession of methamphetamine. One of the first areas to look at is whether the police had probable cause to search or seize the person or place in which the drugs were found. Next, the question is whether there is a proper laboratory analysis to test the drugs. Also, there is always the question of whether the drugs were actually in someone’s possession or were only found near that person.
If the charge of HS 11377 is a felony, you should try to have the charge reduced to a misdemeanor. Whether this will happen depends upon the circumstances of the arrest, the background of the client, and the skills of the defense attorney.
Finally, a person charged with HS 11377 may be able to take advantage of drug programs to keep his or her record clean and to avoid going to jail.
Read more about David’s excellent results or view the testimonials. Call us for a consultation today (760) 806-4333
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