Methamphetamine Possession Lawyer Newport Beach
If you have been charged with Possession of Methamphetamine in Newport Beach for possessing a personal use amount of methamphetamine, otherwise known as simple possession, you should contact Team Possession of Methamphetamine Newport Beach to get in touch with a law firm that works with a team of professionals on the matter and that knows how to handle those particular kinds of Methamphetamine charges.
In Newport Beach, a Possession of Methamphetamine charge is likely to result from a police encounter, such as a traffic stop or residential search warrant, possibly based on information provided to police by an informant, or possibly by chance. If you have a charge for Possession of Methamphetamine in Newport Beach you need to act immediately because the penalties are severe, including prison or jail time, stiff penalties, parole or probation, drug rehabilitation, and community service. Also, if you are deemed to be addicted to methamphetamine then you may lose your driving privileges in Newport Beach.
Methamphetamine is a Schedule II Controlled Substance, meaning that it has a high potential for abuse, and but there is some accepted medical use. In other words, you can get a prescription for methamphetamine and other amphetamines. Amphetamines are commonly prescribed, even to children, in the form of Adderall and other ADHD drugs. Amphetamines are also prescribed less frequently for obesity, and to keep people awake.
Methamphetamine based substances are a stimulant, used recreationally to enjoy euphoric feelings and a high energy speed sensation. Unfortunately, methamphetamine can cause serious bodily harm including, but not limited to, a disrupted nervous system, altered moods and personality, skin lesions, and heavy addiction. Long term use of methamphetamine can lead to psychotic behavior, prolonged anxiety, high blood pressure, cardiovascular issues, and brain damage.Call Now (949) 954-7729
First, let Possession of Methamphetamine Lawyers in Newport Beach give you the relevant law. The relevant portion of the law that is applicable to Possession of Methamphetamine in Newport Beach is summarized below. However, the full text of the Possession of Methamphetamine laws in Newport Beach can be found in California Health and Safety Code Section 11377. That same law also prohibits possession of GHB, PCP, ketamine or special K, and steroids.
To prove that the defendant is guilty of Possession of Methamphetamine, the Prosecutor must prove that:
The defendant unlawfully possessed methamphetamine;
The defendant knew of its presence;
The defendant knew of the substance's nature or character as an illegal drug;
The substance was methamphetamine; AND
The methamphetamine was a usable amount.
In Newport Beach, possession of methamphetamine can be classified as simple possession, possession for sales, or transportation. Simple possession can be charged when the amount of methamphetamine is consistent with personal use of the drug.
The Possession of Methamphetamine laws in Newport Beach can be confusing to a defendant charged with a crime. Our team of lawyers knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense.
If you are convicted of Possession of Methamphetamine in Newport Beach, you may face severe penalties. Possession of Methamphetamine in Newport Beach can be charged as a felony or a misdemeanor. This is called a “wobbler” offense. To make sure that your case is tried as a misdemeanor, rather than a felony, you need a team of lawyers who know how to persuasively argue for you.
The statutory sentence for Felony Possession of Methamphetamine in Newport Beach includes a prison sentence from 16 months to 3 years, and an additional fine of up to $20,000. (See CPC 1170(h) and HSC 11372.) Also, a court may say that you are addicted to methamphetamine and you may lose your driving privileges in Newport Beach. (CVC 23152(c).) However, Misdemeanor Possession of Methamphetamine is only punishable by up to 1 year in local jail.
There are also a number of aggravating circumstances which may increase the severity of your punishment if convicted of Possession of Methamphetamine. For instance, if you possess both methamphetamine and a loaded or unloaded gun, then you may face increased penalties. (See HSC 11370.1)
Possession of methamphetamine within 1,000 feet of a drug treatment center, detoxification facility, or DUI Lawyer Newport Beachless shelter, could lead to an increased penalty. Also, if you induce a minor to possess, or use a minor to possess methamphetamine, then you may face increased penalties, including longer prison or jail time, longer probation, and larger fines. (See HSC 11380, 11380.1.)
Immigration status may be affected by a conviction for Possession of Methamphetamine. In other words, you may be deported, or your eligibility for admissibility to the United States may be impacted if you are convicted of possession of methamphetamine.
However, our team of lawyers may be able to assist you with a number of different options if you are convicted of Possession of Methamphetamine. In Newport Beach, a prison sentence for possession of methamphetamine may be shifted to a local jail sentence. You may also be eligible for probation or community service.
You may also be eligible for Drug Diversion programs. In Newport Beach, there are a number of treatment programs designed to keep you out of jail. The diversion programs, known as Proposition 36, PC 1000, and drug courts, are not available to everyone. To see if you are eligible for the diversion programs, and to stay out of jail, call our team of lawyers today.
(The full text of the laws regarding the diversion programs are contained in CPC 1210.1 and CPC 1000.)
Defenses to Possession of Methamphetamine in Newport Beach - How Can We Get Your Case Dismissed?
Just because you were charged with a crime doesn’t mean that you committed one. There are a number of defenses to a charge of possession of methamphetamine. Although some of those defenses are listed below, there may be additional defenses that apply depending on the individual facts of your case.
Our team of lawyers diligently reviews your case file to see if there are any reasons that the court may dismiss your case. An improper search warrant, or an improper search by police may get your case dismissed before trial. Improper arrest procedures, and other improper police actions may also get your case dismissed.
If you did not know that the substance was methamphetamine, or if you were completely unaware that you possessed the drug, then you may have a good defense.
Also, if you found the methamphetamine, and only possessed the drug so that you could destroy or dispose of it, then you may have a defense under a law called “momentary possession”.
If you overdosed on drugs and sought emergency care, only to be arrested for possession of methamphetamine, then you are protected under the law. Also, if you sought medical services for someone else who had overdosed on drugs, and then you were arrested for methamphetamine, then you have a defense in court.
If the amount of methamphetamine you possessed was nothing more than debris, traces, or residue, our team of lawyers may be able to get a lab analysis which shows the weight of the drug is not a useable amount.
If you and another person are charged with possession of the same methamphetamine, you may have a defense that the methamphetamine was not in your possession.
Your individual defense will depend on the individual facts of your case. Contact our office so that we can determine the best defense based on the circumstances of your case.
If you have prior convictions for possession of drugs, then you may face increased penalties in your current Possession of Methamphetamine case. Our team of lawyers aggressively challenges any prior convictions. For instance, if your prior possession of drugs conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Possession of Methamphetamine penalties. Call our team of lawyers today to see how your prior convictions may impact your current Possession of Methamphetamine charge.
Contact Team Possession of Methamphetamine Newport Beach today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.