Possession for Sale of Methamphetamine (HS 11378) – Sentencing
Charged for Possession of Meth in California?
If you have been charged with possession of methamphetamine for the purpose of selling, you are likely facing some serious consequences. It is extremely important that you
contact a criminal lawyer experienced in this field so that you are properly represented within court and also to ensure that you get the least punishment possible for your offense. Without a criminal lawyer, you may be given a harsh punishment for these crimes (as we will further explain below) due to California and Federal laws’ recently proclaimed “war on drugs.”
Do not hesitate to contact a lawyer today so that you are properly represented in court and given fair treatment by law. Our attorneys at Wallin and Klarich have over 40 years of experience successfully handling drug crimes cases, including those related to the sale of methamphetamine. We will make sure you are properly defended and dedicate our time and effort to ensure that you are given the minimal punishment possible.
Read on to find out more about the sentence for dealing meth that you will be facing and remember to contact us today so we can help you.
What is the Sentence for Dealing Meth in California?
Pursuant to California Health and Safety Code Section 11378[i] (HS11378), the sentence for dealing of meth in California is a term of 16-months, two years, or three years in the county jail and fined $10,000. If you are facing a serious sentence for dealing meth, you will not be eligible for drug diversion.
Recent changes to California’s felony sentencing laws defer certain convicted felons from being sent to state prison. Under the prior law, you would have been required to serve parole after your release. If you are sentenced to serve time in jail for a conviction of HS11378, you will not serve any parole. However, you may have to serve a period of probation following your county jail sentence for dealing meth.
Post-Release Community Supervision
Post-Release Community Supervision (“PCRS”) may follow a felony sentence for dealing meth served in county jails in Southern California. PCRS is administered by each individual California County, generally by the Department of Probation.
The judge now has discretion over not only how long you are to be sentenced, but how that sentence for dealing meth is to be served. You may have to serve only a portion of your county jail sentence for dealing meth actually in jail; the remaining balance may be served on a probationary period called “mandatory supervision.” This is known as a blended or split sentence.
Please visit our section on felony sentencing for more detail about changes to California’s sentencing restructuring under Realignment.
Sentence for Dealing Meth to Minors
California takes a very harsh stance on furnishing illegal drugs to children under age 18. Under California Health and Safety Code 11380(a)[ii], if you are over 18 years of age, you may be facing three, six, or nine years imprisonment in state prison if you:
- Sell or give, or offer to sell or give methamphetamine to a minor
- Hire, employ or use a minor to sell, prepare for sale, or peddle methamphetamine
- Induce a minor to use methamphetamine
Under California Health and Safety Code 11380.1, if you are over 18 years of age and are convicted of selling or giving methamphetamine to a minor your sentence for dealing meth may be enhanced if you conduct illegal activity as follows:
- One year : on the grounds of a playground, church, youth center, day care facility or swimming pool while children are present or during business hours.
- Two years: on the grounds of or within 1000 feet of any public or private elementary, junior high, vocational or high school while children are present or during business hours.
- One, two or three years: if you are four or more years older than the minor.
These sentences for dealing meth may be imposed consecutively. Which means you may have to serve these enhancement sentences one after the other and after you serve your original sentence. This enhanced methamphetamine law will also require that you serve your entire sentence for dealing meth in state prison, rather than county jail. A prison sentence will trigger community supervision or parole for up to three years.
Drug Offender Registration
Pursuant to Health and Safety Code 11590[iii], if you are convicted of possession for sale of methamphetamine in California, mandatory drug offender registration will be imposed by the court. For the next five years after your release from custody, you must register with the local authorities where you live. Registration means:
- Going into the local police or sheriff’s station within 10 days of whenever you move and annually on your birthday; and
- Providing a written statement with your contact information, including your address; and
- Being fingerprinted and photographed
Additional Punishment Following a Sentence for Dealing Meth
Other consequences may follow a jail sentence for dealing meth or sentence of possession for sale of the controlled substance in California. Depending on your circumstances, these may include:
- Deportation – If you are convicted of any California felony offense and you are in this country illegally, Immigration and Customs Enforcement (“ICE”) have the option to bring deportation proceedings against you. This is especially true if you are sent to jail or prison; ICE can put a deportation “hold” on you, delaying your release.
- Suspension of Driver’s License – If you are under age 21 but over age 13 and you are convicted of a controlled substance crime, the judge will suspend your driving privilege for one year. If you are not yet legally eligible to drive, the court will order the Department of Motor Vehicles (“DMV”) to delay your driving privilege for one year subsequent from the age you become eligible to drive (California Vehicle Code 13202.5).
- Federal Charge – Many of the controlled substances are also listed on the federal controlled substances list. This means that, in addition to state charges, if convicted of possession for sale of a controlled substance, you may also face federal charges.
- Loss of Benefits – A drug-related conviction could affect your ability to receive public benefits, or welfare (California Health and Safety Code Section 11351, 11351.5). You may also be denied federal student aid funding for college.
- Difficulty Getting Hired – A felony conviction for dealing drugs may seriously damage your chances of getting a job. Many employment applications ask if you have ever been convicted of a criminal offense, particularly a felony.
Why Hire Wallin and Klarich Criminal Attorneys?
The attorneys at Wallin & Klarich have a proven track record of successfully defending people who have been charged with a sales-related drug charge. We have over 40 years of experience in making sure that our clients are treated fairly under the law and that they receive the best legal representation through every step of the process.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
When facing serious criminal charges such as possession for sale of methamphetamine, you need experienced and aggressive attorney representation. If you are facing a serious sentence for dealing meth, give us a call today.
Contact us at 877-4-NO-JAIL for a free consultation. We will be there when you call.
[i] Information on Health and Safety Code 11378 retrieved from http://law.onecle.com/california/health/11378.html
[ii] Information on HS11380 retrieved from http://law.onecle.com/california/health/11380.html
[iii] Information on HS11590 retrieved from http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11590-11595