35+ Years Criminal Defense Experience in California

awards

Methamphetamine Possession Defense in California – Health and Safety Code 11377(a)

When charged with a serious crime such as possession of methamphetamine in California, you need an experienced defense attorney that will fight for you using an effective defensive strategy. There are several defenses available that could result in a dismissal or reduction of your charge. Here are some successful defenses that our lawyers at Wallin & Klarich can raise on your behalf:

Lack of control or possession

Your Wallin & Klarich team of methamphetamine possession defense attorneys in California provide you with an explanation of the defenses that may help you reduce or dismiss your charges for methamphetamine possession in California. Place your trust Wallin & Klarich to prepare a smart and effective defense strategy to defend you or your loved one against methamphetamine possession charges in Southern California. Call us toll free at (877) 466-5245. We will be there when you call.
A skilled attorney will be able to build a strong methamphetamine possession defense strategy against your charges of methamphetamine possession in California HS 11377(a).

In order to convict you of possession of methamphetamine, the prosecution must prove that you had actual possession or control over the drug. Your attorney can argue that you did not have the requisite possession or control of the methamphetamine in order to sustain a conviction against you.

For example: If a dealer offers to sell you methamphetamine and you agree to purchase it, you do not have actual possession or control over the drug until it is actually handed to you or placed in area where you can gain possession. If you do not assert any sort of control of the methamphetamine, you cannot be charged with possession. However, you can still be charged with solicitation or conspiracy to purchase methamphetamine under the California Health and Safety Code.

Momentary Possession

Momentary possession of methamphetamine for an otherwise lawful purpose may be a defense to a possession of methamphetamine charge under California Health and Safety Code section 11377. In order to assert this defense you must prove:

  1. You possessed the methamphetamine only for a momentary or transitory period  AND
  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

If you assert this defense, you have the burden of proving each of these elements by a preponderance of the evidence. This means that you must prove that it is more likely than not that each of the three listed items is true.

Valid prescription

doctor's prescription
Methamphetamine possession defense: valid prescription

You cannot be found guilty of possession of methamphetamine if you had a valid, written prescription for the substance from a physician, dentist, podiatrist, or veterinarian licensed to practice in California. It is actually the prosecution’s burden to prove beyond a reasonable doubt that you did not have a valid prescription.

Today, methamphetamine is highly regulated and typically only proscribed for treating obesity or attention deficit hyperactivity disorder (ADHD). If you have a condition that is treated with methamphetamine, your attorney can argue that you had a valid prescription and therefore your possession of the substance was not illegal.

Lack of knowledge

The prosecution must prove that you knew of the nature or character of the methamphetamine as a controlled substance. If you had no knowledge of the presence of methamphetamine in your possession or you thought that it was something else entirely and not a controlled substance, you cannot be convicted under California Health and Safety Code section 11377. Your attorney can argue that you lacked the requisite knowledge of the methamphetamine and therefore cannot be found guilty of possession.

Failure to follow police procedures

Under the Fourth Amendment to the United States Constitution, you have a constitutional right to be free from unreasonable searches and seizures. In order for the police to honor this right, they must comply with certain formalities and procedures when conducting traffic stops and arrests. These formalities include possessing sufficient “probable cause” to make an arrest, reading you your Miranda rights before a police interrogation, and searching the vehicle only for evidence of the crime for which you were arrested. If the police illegally obtained evidence by failing to follow any one of these constitutional guarantees, your defense attorney can ask the judge to have that evidence excluded and the chances of winning your case will increase significantly.

California possession of methamphetamine defense attorneys at Wallin & Klarich

partners 2015 - possession of methamphetamine
Contact the methamphetamine possession defense attorneys at Wallin & Klarich today

If you are looking for an California possession of methamphetamine defense lawyer to represent you, Wallin & Klarich can help. With over 30 years of experience and offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura and Victorville, our highly skilled and professional defense attorneys will conduct a thorough investigation of the facts and passionately argue that your case should be dismissed.

Call us today at (877) 4-NO-JAIL (877-466-5245) or fill out our intake form. We will be there when you call.


 

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials

    "

    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All
    "

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All
    "

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All
attorneys

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
awards
Get In Touch
Contact Info
wklaw
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300
(877) 466-5245
Counties

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar

Ventura

Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2018 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.
X