Top HS 11377 Possession of Methamphetamine or Other Controlled Substances Lawyer
Possession of Methamphetamine or Other Controlled Substances Lawyer – HS 11377
If the police found methamphetamine or other controlled substances in your possession and now you’re facing criminal charges, we can only imagine what you’re going through right now. The humiliation of being handcuffed and taken to custody. The panic about what this means for your job, your family, your future.
At Gressley & Donaldson, we’ve sat across from hundreds of good people just like you who never thought they would be facing possession of methamphetamine or other controlled substances in California. But here you are, suddenly finding yourself facing a criminal charge. And now you can’t just sit around and wait—you have to do something about it.
But you’re not alone in this battle. We’re just one phone call away. Let’s break this down together—what you’re facing, what’s at stake, and how we can help. Call our office at (951) 319-3199 for a free consultation.
Understanding Methamphetamine Possession Charges
So, what exactly does HS 11377 mean for you? It stands for Health and Safety Code 11377—the California law that makes it illegal to possess certain controlled substances (like methamphetamine) without a valid prescription. This isn’t just about meth, though. The law covers a whole list of drugs, from ecstasy to certain prescription meds like codeine, if you don’t have the paperwork to back it up.
Imagine this: You’re pulled over for a busted taillight, and the officer starts asking questions. Maybe they find something in your car, your pocket, or even your home later on. Suddenly, you’re facing a misdemeanor charge that feels like everything is spiraling out of control.
The good news? Not every case is a slam dunk for the prosecution. Health and Safety Code 11377 has rules they have to follow. Prosecutors must prove several key elements to secure a conviction:
- You possessed a controlled substance (actual or constructive possession);
- You knew about its presence;
- You knew about its nature as a controlled substance; and
- The amount was usable (more than residue).
Many people mistakenly believe that if drugs weren’t found directly on them, they can’t be charged. Unfortunately, that’s not the case. If law enforcement can establish that you had control over the area where the drugs were discovered, you could still face methamphetamine possession charges.
But instead of beating yourself up and asking “How did this happen to me?” over and over again, you might want to consider contacting an attorney. At Gressley & Donaldson, with our attention to detail and over 50 years of combined legal experience, we’ve turned cases around by asking the right questions. And we may be able to help you.
Penalties for Possession of Methamphetamine
While California has reformed many of its drug laws in recent years, methamphetamine possession can still result in serious consequences. Under current California law, simple possession of methamphetamine is usually charged as a misdemeanor crime punishable by:
- Up to one year in county jail
- A maximum fine of $1,000
- Probation with various conditions
- Drug education or treatment programs
- Community service
However, certain factors can elevate the meth possession charges or penalties. For example, if you have prior convictions for serious felonies or sex offenses requiring registration, what would normally be a misdemeanor might be charged as a felony, with penalties of up to three years in county jail and even heftier fines. Harsher penalties may also apply if there were any aggravating circumstances, such as possessing drugs near school or possessing while armed.
But here is some good news. California has implemented various diversion programs that may allow eligible defendants to receive treatment instead of incarceration. Drug diversion programs like Proposition 36 or PC 1000 can provide alternatives to traditional criminal penalties, potentially allowing you to receive treatment rather than jail time, have charges dismissed upon successful completion of the program, and avoid having a drug crime conviction on your record.
At Gressley & Donaldson, we’ve helped many clients in Riverside County and Inland Empire qualify for these diversion programs when appropriate. Not sure if this is an option for you? Our attorneys carefully evaluate each case to determine the best strategy for minimizing penalties and protecting your future.
Strategies for Defending Against Methamphetamine Possession
Okay, let’s get to the point—how do we fight against charges for possession of methamphetamine or other controlled substances in California? At Gressley & Donaldson, we don’t just roll over when the prosecution comes knocking. We’ve got strategies, and we’ve used them to win battles in courtrooms across Riverside County and beyond. Every case is different, but here’s a peek at how we might tackle yours.
1. Fourth Amendment Violations – Unreasonable Searches and/or Seizures
One of the most powerful defense strategies involves challenging the search that led to the discovery of the drugs if it was conducted improperly. Police must follow strict procedures when:
- Conducting traffic stops
- Obtaining and executing search warrants
- Searching vehicles or persons
- Entering private property
If law enforcement violated your constitutional rights granted under the Fourth Amendment during any of these processes, such as by conducting an unlawful search, we can file a motion to suppress the evidence. If successful, this often leads to dismissal of the charges, as the prosecution cannot use illegally obtained evidence against you.
2. Lack of Knowledge or Possession
Remember that prosecutors must prove you knowingly possessed the controlled substance. We may be able to argue that:
- You didn’t know the drugs were present
- You didn’t know the nature of the substance
- The drugs belonged to someone else
- You didn’t have control over the area where drugs were found
The prosecution has to prove their case beyond a reasonable doubt. With the right arguments, you could have a chance to create reasonable doubt.
3. Laboratory Testing Issues
Not every substance that looks like methamphetamine actually is methamphetamine. We scrutinize the crime lab’s testing procedures and results, looking for contamination of samples, improper handling of evidence, chain of custody problems, and inaccurate or unreliable testing methods.
4. Prescription or Legal Authorization
In some cases, individuals may have a legal right to possess certain controlled substances. Many people don’t realize that some controlled substances can be legally prescribed. If you have a valid prescription from a licensed healthcare provider, this serves as a complete defense to drug possession charges.
Methamphetamine Possession and Intent to Sell
That’s where things get more complicated for you. If the police think you weren’t just holding meth for personal use but planned to sell it, they might tack on a bigger charge—like Health and Safety Code 11378. That’s a felony, and it’s a whole different story because it carries much harsher penalties.
How Prosecutors Determine Intent to Sell
Even without catching you in the act of selling, law enforcement and prosecutors look for certain factors that might suggest intent to distribute:
- Quantity of drugs (larger amounts suggest selling)
- How the drugs are packaged (individual baggies suggest distribution)
- Presence of scales, packaging materials, or pay-owe sheets
- Large amounts of cash, especially in small denominations
- Multiple cell phones or communication devices
- Text messages or communications discussing sales
- Absence of drug use paraphernalia (suggesting you don’t use yourself)
Unfortunately, many people end up facing charges under HS 11378 simply because the police made a wrong assumption during the arrest. Yes, it happens way too often.
What Are the Enhanced Penalties for Intent to Sell?
California possession of methamphetamine or other controlled substances with intent to sell is always charged as a felony, with penalties including:
- 16 months, two years, or three years of incarceration
- Fines up to $10,000
- Formal probation with strict conditions
These penalties increase further if you had a larger quantity, you were selling near schools, parks, or youth centers, you have prior drug sales convictions, or there were minors involved.
How to Challenge Intent to Sell Charges?
At Gressley & Donaldson, we recognize that evidence of “intent” can often be ambiguous and open to interpretation. We challenge these charges by:
- Presenting alternative explanations for circumstantial evidence
- Questioning the reliability of informants or witnesses
- Challenging the admissibility of evidence based on Fourth Amendment violations
- Demonstrating personal use rather than sales intent
- Negotiating to reduce charges to simple possession
Many clients come to us frightened after being charged with intent to sell when they genuinely possessed the substance for personal use. They’re terrified they’ll lose everything over a misunderstanding. If this sounds like your situation, don’t panic—we’ve got your back. We know how to dismantle these claims. Our compassion drives us to listen to your side, and our tenacity will push us to fight until the truth comes out.
Common Misconceptions About Drug Charges
Many people facing charges for possession of methamphetamine or other controlled substances in California operate under certain misconceptions that can damage their defense. These include:
- “I was caught with the drugs, so there’s no point in fighting the charges.” Even when drugs were found, there are many possible defenses. The prosecution must prove every element of the California drug crime beyond a reasonable doubt, and procedural issues or rights violations might make their evidence inadmissible.
- “The police didn’t read me my rights, so the case will be dismissed.” While failure to read Miranda rights can affect the admissibility of statements you made during custody, it doesn’t automatically result in case dismissal.
- “I’ll just explain my side of the story to the police and clear things up.” Talking to law enforcement without an attorney present is rarely in your best interest, even if you believe you can explain away the circumstances of your arrest.
- “Drug diversion programs are just a way to get more money from defendants.” California’s drug diversion programs genuinely offer an opportunity for drug treatment rather than punishment and can result in dismissed charges upon successful completion.
At Gressley & Donaldson, we ensure you understand not just the charges against you, but also the full scope of your rights and how to exercise them effectively.
Why You Need a Strong Defense for Methamphetamine Possession Charges
At this point, you might be wondering, “Can’t I just handle this myself?” Trust us—we’ve seen many people go down that road, and it’s rough. You need to understand one thing: The system isn’t built to go easy on you, even if it’s your first time. Prosecutors have resources, experience, and a playbook they’ve run a thousand times. You? You’ve got just one shot to get it right.
A strong defense isn’t just about avoiding jail. It’s about protecting your future. A conviction for possession of methamphetamine or other controlled substances in California can haunt you for years (potentially even decades). Many end up losing jobs, custody battles, even their sense of hope. That’s why we pour everything into your case—empathy for what you’re going through, attention to every detail, and a fierce commitment to getting results. Attorneys Lara J. Gressley and Mike Donaldson have stood before the U.S. Supreme Court, so they’re not afraid of a courtroom here in Riverside.
Why Choose Gressley & Donaldson
Our attorneys at Gressley & Donaldson bring unique qualifications to your defense that few other firms can match:
- Supreme Court experience: Both Lara J. Gressley and Mike Donaldson have been admitted to practice before the United States Supreme Court, demonstrating the highest level of legal accomplishment.
- Super Lawyers designation: We’re the only criminal defense and appeals firm in Riverside, Temecula, and Murrieta to receive this prestigious recognition, which is based on peer evaluations and professional achievement.
- Local knowledge: As Riverside County and Inland Empire defense attorneys, we understand the local court systems, prosecutors, and judges. This kind of familiarity greatly benefits our clients.
- Personal approach: We know you’re more than just a case number. Our attorneys take the time to understand your unique situation and concerns. We treat each client with the empathy and respect they deserve during what is often one of the most challenging times in their lives.
- Strategic defense: Our approach combines meticulous preparation, creative legal strategies, and aggressive courtroom advocacy. We leave no stone unturned in building your defense.
California possession of methamphetamine or other controlled substances cases require a defense attorney who understands both the letter of the law and the practical realities of how these cases proceed through the local justice system. At Gressley & Donaldson, we excel at both.
Contact a HS 11377 – Possession of Methamphetamine or Other Controlled Substances Lawyer
At Gressley & Donaldson, we understand that facing drug charges can be one of the most stressful experiences of your life. That’s why we’re committed to helping our clients alleviate all that stress and uncertainty with legal representation that gives them the best chance for a favorable outcome.
Pick up the phone and call us today. We are here to listen—really listen—to what you’re going through and map out a plan tailored just for you. Dealing with California possession of methamphetamine or other controlled substances is tough, but you’ve got Riverside County’s toughest defenders in your corner. We’ve helped people in Murrieta, Temecula, and beyond reclaim their lives, and we’re ready to do the same for you.
Don’t let fear hold you back. One call could change everything. And there’s absolutely no risk involved and no financial obligations attached because our initial consultations are free. Call our office at (951) 319-3199 or complete our contact form to request a free consultation.
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