More California Possession of Methamphetamines information
Possession of Methamphetamine FAQs
California Possession of Methamphetamine Frequently Asked Questions
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Is it possible to argue that I only had “momentary possession” of methamphetamine?
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Is alternative punishment available to a person convicted of possession of methamphetamine?
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How does the prosecution typically try to prove that a person had methamphetamine in his or her possession?
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What substances are considered to be methamphetamine and can I still be charged with possession of methamphetamine if I did not know these materials were in my possession?
Is it possible to argue that I only had “momentary possession” of methamphetamine?
Yes. Having only momentary possession is a defense to the charge of possession of methamphetamine. The defendant must prove that the possession of methamphetamine was only for a momentary period, the defendant possessed the methamphetamine for the purposes of disposing it, and the defendant was not trying to prevent law enforcement from obtaining the methamphetamine.
The defendant has to prove that each of the elements were more likely than not to be true. To be able to successfully argue this defense, it is important you have an experienced drug crimes attorney representing you in court.
Is alternative punishment available to a person convicted of possession of methamphetamine?
Yes. Alternative punishments outside of incarceration are available for a person convicted of possession of methamphetamine.
Under California Health and Safety Code 11350, the court has the power to place you on probation. If you are placed on probation, the court may impose from one day to one year in the county jail as a condition of probation.
You may also have a probation officer, in whom you will have to meet on a regular basis. If you are placed on felony probation for this offense, this means you likely will have a probation officer. Random drug tests may also be administered.
Diversion programs may also be available. California Penal Code 1000 (“P.C. 1000”) and Proposition 36 (“Prop. 36”) are two diversion programs that allow defendants who are charged with simple drug possession offenses to enter into a drug treatment program, in lieu of jail time. Upon completion of the drug treatment program, the charges will be dismissed.
For more information on P.C. 1000 and Prop. 36, please visit www.wklaw.com and read our Diversion Programs section. You will find invaluable information on these diversion programs, including how to be eligible, and the pros and cons to these diversion programs.
How does the prosecution typically try to prove that a person had methamphetamine in his or her possession?
The prosecution can use any type of admissible evidence to prove the defendant had methamphetamine in his or her possession.
To prove that the substance in question is methamphetamine, the prosecution can have independent lab tests performed. The results will be used in trial. The prosecution can also have an expert witness testify that the substance in question is methamphetamine.
To prove that the methamphetamine was in the defendant’s actual or constructive possession, the prosecution only needs to prove that the defendant had physical custody or control over the methamphetamine, whether it was intentional or not. The prosecution can show this by proving that the methamphetamine was in a vehicle or home that belongs to the defendant.
What substances are considered to be methamphetamine and can I still be charged with possession of methamphetamine if I did not know these materials were in my possession?
Methamphetamine is defined by the chemical components that make up the substance. This can be highly technical and often left to the scientific experts who deal with drugs.
What is important to know is that you can still be charged with possession of methamphetamine even if you did not know it was methamphetamine. The prosecution must only prove that the defendant was aware of the substance’s presence and that it was a controlled substance. Therefore, it is critical you hire a criminal defense attorney with experience on how to handle drug cases.
