Recently, a Wallin & Klarich criminal defense lawyer helped his client avoid jail time after having charges of possession of methamphetamine dismissed. Experienced Orange County criminal defense lawyer, Matthew B. Wallin, convinced the court to dismiss the charges against his client after arguing that a drug treatment program was in the best interests of his client and the state of California. If convicted, the client faced up to 3 years in county jail and up to $10,000 in fines.
“It is the duty of the defense attorney to investigate and discover weaknesses in the state’s evidence,” claimed Mr. Wallin. “Every client deserves an attorney who will aggressively advocate on their behalf.”
Following his client’s arrest for possession of methamphetamine, Mr. Wallin worked closely with the prosecutor to obtain drug treatment in lieu of a conviction or jail time. Taking his client’s needs into consideration, Mr. Wallin located a suitable treatment program which would satisfy the court’s requirements.
Ultimately, Mr. Wallin’s dedicated efforts led the court to dismiss the charges against his client. The client avoided a jail sentence and did not have to pay any fines. If you are confronted with accusations of possession of methamphetamine, it is critical that you contact an experienced drug defense lawyer who is familiar with such cases. The attorneys at Wallin & Klarich know all of the elements that the prosecutor must prove in order to convict you of possession of methamphetamine. The prosecutor must prove all five of the following elements in order to convict you of possession of methamphetamine:
- You unlawfully possessed a controlled substance
- You knew of its presence
- You knew of the substance’s nature or character as a controlled substance
- The controlled substance was methamphetamine; AND
- The methamphetamine was in a usable amount
The drug defense attorneys at Wallin & Klarich have successfully defended clients accused of possession of methamphetamine for over 40 years. If you are charged with possession of methamphetamine in violation of HS 13377(a), your Wallin & Klarich attorney can raise one of the defenses listed below:
Lack of Legal Possession
You may not be convicted under HS 13377(a) if you were not in legal possession of methamphetamine. For example, imagine that a police officer arrests you and several other people at a party after discovering methamphetamine hidden under the couch. The district attorney will face a significant evidentiary burden in proving that you legally possessed the methamphetamine.
The prosecutor cannot convict you of possession of methamphetamine if you can prove the following three things:
- You possessed the methamphetamine for a momentary or transitory period;
- You possessed the methamphetamine in order to abandon, dispose of, or destroy it; AND
- You did not intend to prevent law enforcement officials from obtaining the methamphetamine
Lack of Knowledge
The prosecutor cannot convict you of possession of methamphetamine if you did not know of its presence in your possession. For example, if another person placed the methamphetamine in your backpack and you did not know it was there, you may argue that you lacked the knowledge required for a conviction.
Failure to Follow Police Procedure
You may be able to suppress the evidence against you and increase the chances of winning your case if you can prove any of the following:
- The police officer arrested you despite a lack of probable cause
- You were not read your Miranda Rights before a police interrogation; OR
- The police unlawfully searched your vehicle and seized the methamphetamine
If you are facing charges of possession of methamphetamine, it is essential that you contact an experienced drug defense lawyer who is familiar with such cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura and Victorville, Wallin & Klarich has successfully represented clients facing possession of methamphetamine charges for over 40 years. We have the knowledge and the know-how to win your case.
Call us today at 877-4-NO-JAIL or fill out our intake form. We will get through this together.