Health and Safety Code 11378

Drug sale in progress

Are you facing charges for Possession of Methamphetamines for Sales? A person found in violation of California Health and Safety Code 11378 can be convicted of a felony offense. Once a felony offense is on your criminal record it is very difficult to have it removed. Obtaining information about your case in its early stages can have a very positive impact on your case outcome.

At MacGregor and Collins, LLP, our OC drug lawyers provide every alleged California drug crime offender with a free professional case evaluation, regardless of whether or not your are planning to retain their services. Call 888-250-2865 to speak with a skilled legal professional about your case and get the information that you are looking for.

HS 11378 Defined

In order to prosecute for California Health and Safety Code 11378, the state has the burden to prove you were guilty of either:

  • The defendant had active or constructive possession of methamphetamines
  • The defendant was aware of this possession of an illegal substance
  • The defendant intended to sell the drug
  • The defendant had enough in their possession to sell

Potential Penalties for HS 11378 Violations

Possession of Methamphetamine for Sales is a felony, and those found guilty can face:

  • 16 months, 2 or 3 Years in the California State Prison
  • Up to $10,000 in fines

If someone is found directly selling or transporting methamphetamine, the sentencing for your health and safety code violation is usually increased to more time in prison. Other factors that affect sentencing include how many locations methamphetamines were sold or transported to.

Regardless of these high fines, a lawyer can work to prove that the defendant either:

  • Held methamphetamine in their possession for personal use only. In such instances,
    penalties are decreased to a misdemeanor, and defendants sometimes have the opportunity
    to avoid jail time through drug diversion programs.
  • Another legal defense includes owning a valid prescription for methamphetamine use, or:
  • That the defendant was entrapped or caught by illegal search and seizure methods

Those convicted of methamphetamine sales or possession may be ordered to serve time in jail. Speaking with an experienced attorney could give you the advantage you need to win your case. Our attorneys advise all of those facing HS 11378 charges to speak with an attorney about their legal options. We provide free consultations to all first time callers and can help you to determine your available options. Call us today at 888-250-2865.

 

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