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Selling or transporting methamphetamines is a violation of California’s Health and Safety Code. Section 11379 specifically addresses methamphetamines and similar drugs. When a person is charged with the intent to sell or transport methamphetamines in Los Angeles, it is important to hire a private attorney immediately.
Wrongful Sale Or Transfer Charges
In many instances, the police will aim for the harshest charges in drug-related arrests. A person who is walking to the store may be charged with intent to sell or distribute methamphetamines even if the amount is small enough to be for personal use. In many instances, a person must have a pipe, straw or needle along with the drugs for a simple possession charge. However, not all police officers are honest, and some may throw away these items to make the situation look worse.
There have also been incidents of wrongful charges involving a person unknowingly carrying drugs. For example, a person may ask a friend to hold her purse or a package. The trusting person may not know that the purse or package is full of methamphetamines. If that individual is caught with the package and there is no evidence such as a driver’s license linking the purse or package to its rightful owner, the trusting friend may be charged instead.
Reducing Methamphetamine Charges In Los Angeles
If the charges are embellished or the methamphetamines did not belong to the individual being charged, there may be defenses for dismissing or reducing the charges. A good attorney who knows California’s drug laws can help. When the evidence and charges are weak, the attorney can usually negotiate a good deal for a reduction to a simple possession charge. This is associated with milder penalties.
With its close proximity to the border, the availability of drugs in Los Angeles has created a major problem over the past several decades. The drug problem created a congested court system and overcrowded jails and prisons. This resulted in the passage of Proposition 36. The proposition changed state law to allow those who are charged with drug possession to receive sentences of probation and drug rehab instead of going to jail or prison.
A simple possession charge is typically a misdemeanor offense. It may be increased to a felony if the crime incident also involved anyone being hurt. In contrast, a charge of sale or transportation is a felony and usually results in a prison sentence of a few years or more. The prison sentence is longer if the methamphetamines were transported through more than two counties.
How An Attorney Can Help
In comparison with the money lost because of incarceration and future employment difficulties, paying a private attorney is an excellent long-term investment. Hiring a private attorney is essential for protecting individual freedom. Free public defenders usually make deals that involve pleading to a felony, which will ruin a person’s future. Felony convictions make it hard to rent a property or find a good job, and spending time in prison is a financial and emotional drain.
A private attorney has the time to devote to a methamphetamine case and can carefully analyze the details of the arrest. In many instances, the methamphetamines in question were unlawfully seized during a search, and intent to distribute can be difficult for the prosecutor to prove. A good private attorney fights hard to have the case dismissed or have the charges reduced to simple possession. This leaves the defendant with a misdemeanor that can easily be expunged and keeps the individual out of jail.