Possession of methamphetamine “meth” for sale is a crime that can attract serious and life-changing consequences upon conviction. Aside from the possible lengthy jail time, a conviction for the crime of possession of methamphetamine for sale can ruin your professional reputation, especially when you are a healthcare provider.

If you are under arrest or investigation or have a pending charge involving the possession of methamphetamine for sale, a skilled defense attorney could help. A seasoned attorney could prepare defenses to challenge the alleged charge and secure a desirable outcome, including dismissal or a lighter charge.

Possession of Methamphetamine Offense at a Glance

According to Health and Safety Code (HS) 11378, it is a felony offense to have meth in your possession with the criminal intent to sell or distribute it. Even if the police did not witness you while selling the drugs, you could be guilty of an HS 11378 violation if your attorney can satisfactorily prove you had the intent to sell them now or later.

The presence of ready cash, scales, and packaging materials, like baggies, is enough to prove to the court that you had the intent to sell the meth. Below are a few examples of acts that could attract criminal charges under HS 11378:

  • Parking your vehicle at a popular “point of sale” with 5 kilograms of meth in the trunk
  • Carrying several baggies of meth in your backpack with the intent to sell it to someone or exchange it for some goods or services
  • Storing meth in your closet for some days before selling them

To stand a chance of securing a favorable outcome if you are under investigation or arrest as an offender in an HS 11378 case, you should consider hiring an attorney. Your attorney will be your legal voice at every stage of the court process to secure a desirable outcome.

Bail Hearing After an Arrest as an Offender in an HS 11378 Case

After an arrest and the booking procedure, where the booking officer records your legal name and takes your fingerprints and mugshots, you will not go home immediately. You must wait for the bail hearing unless the alleged offense has a predetermined bail price. Bail is the non-refundable money the court expects you to pay to act as security for your release as your case continues.

In most cases, the arraignment or bail hearing will occur within forty-eight (48) hours after an arrest. However, if your arrest occurred on a weekend or a public holiday, your bail hearing could occur within seventy-two (72) hours. While every case is unique, the court will consider the factors listed below to determine if you are eligible for a release on bail after an arrest as a suspect in an HS 11378 case:

  • The likelihood of fleeing the state or country after your release
  • Your criminal record
  • Whether you have family ties or community ties
  • Your behavior in court
  • The seriousness of your charge
  • Your history of showing up in court after securing your freedom on bail
  • Your attorney’s mitigating arguments

When you are indigent or cannot afford the required bail, the court could accept any valuable property as security for your release if its monetary worth is twice your bail amount. However, when you are unwilling to put your property on the line, a bail bondsman can help.

The bondsman will only require you to pay ten (10) percent of the total bail as a premium or services fee to post your bail bond and secure your freedom as soon as possible.

What the Prosecution Team Must Prove for an HS 11378 Violation Conviction

According to HS 11378, you are guilty of possession of methamphetamine for sale if the prosecution team can prove the following facts beyond a reasonable doubt before the judge or jury:

  • You illegally possessed meth
  • You knew of the drug’s presence
  • You were aware the substance was a controlled substance
  • Your motive or intent was to sell the substance

In many cases, questions will arise about the legal meaning of the terms explained below:

Possession

Even if the police did not arrest you while holding or carrying the meth, you could be guilty of an HS 11378 violation if your prosecution team can prove the substance was in your possession. Having meth in your possession means you have legal control over it, either personally or through another person.

A Controlled Substance

A controlled substance is any substance whose sale, possession, and distribution are controlled by the government.

Intent to Sell

You will not be guilty of an HS 11378 charge if your prosecution team cannot prove that you had the intent to sell the meth you had in your possession. Constructive evidence, like the packaging of the drugs and the presence of scales and wards of cash, can help the prosecutor prove you had the intent to distribute or sell the meth.

Legal Penalties to Anticipate Upon a  HS 11378 Violation Conviction

When you are guilty of an HS 11378 violation, your case will proceed to the sentencing phase, where the judge or jurors will decide the ideal sentence for your violation. When deciding your offense's ideal sentence, the judge will consider various factors, including:

  • Your criminal record
  • Whether you are remorseful
  • The prosecutor's aggravating arguments

While the above factors will be considered when deciding the appropriate sentence for your offense, the following remains the standard legal sentence for an HS 11378 violation conviction.

  • A fine not exceeding $10,000
  • Up to three (3) years of detention in jail
  • Felony probation

To avoid serving lengthy jail time for this offense’s conviction, a skilled and aggressive attorney can help convince the court that you are an excellent candidate for felony or formal probation. While felony probation allows you to serve your sentence out of custody, you must comply with certain strict requirements, including (but not limited to) the following:

  • Consent to regular drug test
  • Agree to wear a GPS tracker
  • Stay crime-free
  • Sign up for a drug rehabilitation and counseling program

Aggravating Factors That Could Make the Above Penalties for an HS 11378 Violation Conviction Harsher

The judge will add additional and consecutive jail time on top of the standard jail sentence for an HS 11378 violation conviction if the aggravating factors listed below are present:

  • Your possession of meth occurred within 1000 feet (ft) of a drug rehabilitation facility or homeless shelter. In this situation, you should expect an additional one (1) year of jail time
  • You had more than one (1) kilogram of meth in your possession. In this situation, the judge will add three to fifteen years to your jail time for an HS 11378 violation conviction
  • You used a minor to sell the minor. If this is true beyond a reasonable doubt, you should expect an additional three, six, or nine years of jail time on top of this offense’s standard legal penalties

If you used a minor to help in the sale of meth, you could face extra charges under Penal Code (PC) 272 for contributing to the delinquency of a minor.

It is worth noting that an HS 11378 charge conviction could also carry negative immigration consequences, including deportation if you are a non-citizen. For all these reasons, you would not want to risk facing the prosecutor or the judge without an attorney.

How to Challenge a Criminal Charge Under HS 11378

When you have HS 11378 charges, the court will not allow you to participate in a drug diversion or treatment program. Therefore, you must be prepared to challenge the allegations you are up against in court to get the best possible result. Below are common legal defenses your attorney could apply at your case’s trial:

You Had No Intentions of Selling the Meth

You are only guilty under HS 11378 if you had meth in your possession and had the intent to distribute or sell it. Therefore, it is a valid defense to argue that you had no intention of selling the meth you had in your possession to convince the court to dismiss or reduce your charges to a less serious offense.

The Evidence the Prosecutor Has Against You is Unlawful

If the police violated your legal rights against unlawful search, your attorney can argue that the evidence the prosecution team has against you is unlawful to secure a case dismissal or a lighter charge. When this defense argument works in your favor, the judge will suppress the evidence the police obtained from you illegally, meaning the prosecutor cannot use it against you.

The Drugs Were Not Yours

Remember, to be guilty under HS 11378, the prosecutor must prove that the meth in question was in your possession, meaning you had control over it. Therefore, it is a viable defense to argue that the drugs in question do not belong to you.

The Prosecutor’s Evidence Against You is Insufficient

To secure a conviction against you under HS 11378, the prosecution team must prove his/her evidence against you beyond a reasonable doubt at trial. If he/she cannot do that, the court will likely dismiss your case.

You are a Victim of Police Misconduct

Undoubtedly, police misconduct issues are not uncommon in drug-related charges. If the arresting police officer forced or coerced you to give a confession about the case, you should inform your attorney because it is unlawful. The court will consider any confession or information the officers obtained from you illegally as “inadmissible,” meaning the prosecutor cannot use it against you at trial.

Since the evidence in your criminal case can fade with time, you should consult with an attorney as soon as possible to investigate the case and prepare strong defenses to help you challenge your charges for the best possible outcome.

Possession of Meth for Sale and Related Offenses

The crime of possession of meth for sale is related to many other crimes, such as:

Possession of Meth

According to HS 11377, it is unlawful to have meth in your possession. You would be guilty of this offense if the prosecution team could prove the facts listed below:

  • You had meth in your possession
  • You were aware of its presence
  • You were aware the substance was illegal
  • The meth was in usable amount, not mere traces or residue

The difference between a charge under HS 11377 and HS 11378 comes down to:

  • Your statements
  • The packaging of the drug in question
  • Whether you had drug paraphernalia
  • The quantity of meth you had in your possession

If you are guilty of possession of meth for personal use under HS 11377, you should anticipate the following misdemeanor penalties:

  • A fine not exceeding $1,000
  • Up to one (1) year of jail time

Fortunately, when you have HS 11377 charges, you could qualify for a drug diversion program (alternative sentencing option) instead of serving jail time for this offense’s conviction. However, to qualify for this program, your attorney must prove the following:

  • You are a first-time offender
  • The methamphetamine in question was for personal use

Below are examples of drug diversion programs you could qualify for upon an HS 11377 violation conviction:

  • PC 1000
  • Drug court
  • Proposition36

Sale or Transportation of Meth

HS 11379 makes it a criminal offense to transport or sell meth. Other unlawful acts that could attract HS 11379 charges include administering the meth or giving it away to another person.

For the judge to convict you for an HS 11379 violation, the prosecution team must be ready to prove the following facts:

  • You engaged in any of the illegal acts mentioned above
  • You were aware of the substance's presence
  • You were aware the substance was illegal
  • You transported or sold a “usable amount” of the substance

Like an HS 11378 charge, a conviction under HS 11379 will attract felony penalties, including:

  • Up to $10,000 maximum fine
  • Detention in the county jail for not more than four years
  • Formal or felony probation

Further, you will receive enhanced jail time if the prosecution team can prove the following:

  • A minor was involved in the sale or transportation of drugs
  • You transported the drugs across two (2) or more county lines
  • You had more than one (1) kilogram of meth in your possession
  • The offense occurred on the grounds of a detox or drug treatment facility

Driving Under the Influence of Drugs (DUID)

According to Vehicle Code (VC) 23152(f), it is a criminal offense to operate a vehicle under the influence of drugs, including prescription drugs. Being “under the influence” under this statute means you cannot drive a car like a cautious and sober driver would under the same circumstances due to drug intoxication or a combination of alcohol and drugs.

Since a DUID charge is a misdemeanor offense, you should expect the following possible sentence upon conviction at trial:

  • Up to $1,800 maximum fine (including penalty assessments) if you are a first-time offender
  • Three to five years of DUI probation
  • Enroll in a DUI school
  • Driver’s license suspension for at least six months
  • Up to six months of jail time

However, it is worth noting that the prosecutor can file your DUID offense as a felony if any of the following facts are true:

  • It is your fourth or subsequent conviction
  • You have one prior DUI felony conviction on your record
  • You caused the injury of another person

When the prosecutor files felony DUID charges against you, your legal penalties could include:

  • A fine of up to $1,000
  • Up to three (3) years of imprisonment
  • Felony or formal probation

However, the above sentence will become harsher if another person sustains an injury. If the DUID caused another person to sustain an injury, a conviction under VC 23152(f) could attract a fine of up to $5,000 and up to four years of imprisonment.

Possession of a Controlled Substance for Sale

HS 11351 makes it a felony offense to have controlled drug substances in your possession with the motive or intent to sell or distribute them. Examples of controlled drug substances covered under this statute include (but are not limited to) the following:

  • Ecstasy
  • Peyote
  • Meth
  • Cocaine
  • Marijuana
  • Heroin
  • Prescription drugs like Vicodin

Unlike a simple possession charge, you will not qualify for drug diversion when the prosecutor secures a guilty verdict against you for an HS 11351 violation. When the prosecutor secures a guilty verdict against you for an HS 11351 violation, your penalty could include the following:

  • A fine amounting to up to $20,000
  • Not more than four years of detention in jail
  • Felony probation

Find a Competent Defense Attorney Near Me

Prosecutors and judges generally treat drug-related crimes seriously. If you are under investigation, arrested, or have pending HS 11378 charges, ensure you contact a reliable attorney to help secure the best possible outcome.

At the Los Angeles Criminal Lawyer, we comprehend the impact of a drug-related charge conviction on your freedom and reputation. If you are behind bars as a suspect in a criminal case involving the possession of meth for sale, our attorneys can offer you aggressive legal representation to secure the best possible outcome. Call us at 310-502-1314.