What is Code 11377(a)?
California Health and Safety Code 11377(a) describes methamphetamine possession. To be convicted under this statute, the prosecutor has to prove that you illegally possessed a controlled substance, knew about its presence, knew that it was a controlled substance, and that it was a usable amount.
California Health and Safety Code Section 11377(a), the state crime of possessing methamphetamine, is discussed in this article. The following section applies to the possession of methamphetamine in general.
In addition, other provisions deal with the possession, sale, transportation, or manufacture of methamphetamine, for which the defendants generally face more serious punishment.
Sale of a Controlled Substance
A person who has been charged with the sale of a controlled substance faces greater punishment than someone charged with simple possession. The sale of cocaine or heroin is a straight felony punishable by a maximum sentence of five years in state prison. The sale of methamphetamine or ecstasy is a felony punishable by a maximum sentence of four years in state prison.
A typical sale case is where a person is charged with selling narcotics to an undercover police officer. In rare instances, a person is charged with selling narcotics to a person other than an undercover officer. It is rare because these types of cases usually involve confidential informants that the police do not want to "burn" by having them testify at trial as witnesses. Therefore, most sale cases involve the selling of narcotics to an undercover police officer.
In trials for selling to an undercover officer, the testimony of that officer is very important to the prosecution's case. In order to successfully defend against a sale of narcotics charge, you need an attorney who has enough trial experience to effectively cross-examine the officers. If you have been charged with the sale of narcotics, do not hire an attorney without inquiring as to the attorney's trial experience. Make sure the attorney possesses the necessary experience to effectively defend you against your charges.
Drug Possession for Sale
A person who is charged with possession for the sale of narcotics is accused of possessing the drugs with the intention of selling the drugs to another person or persons. Possession for sale of cocaine or heroin is a felony punishable by a maximum sentence of four years in prison. Possession for sale of methamphetamine or ecstasy carries a maximum sentence of three years.
In a typical possession for sale case, the government's evidence consists of facts that show that a person possessed narcotics, along with "indicia" that suggest that the person possessed the narcotics for the purpose of sale.
Some common indicia that are presented by the prosecution as evidence of intent to sell are:
- The amount of narcotics possessed
- Empty baggies for packaging
- Scales to weigh the narcotics
- Throwaway cell phones
- Pay-owe sheets listing amounts of narcotics sold and money owed
- Large amounts of cash
Along with the above evidence, the prosecution almost always presents the testimony of an "expert" to explain to the jury why the above evidence shows that the person possessed the narcotics for sale. These experts are usually police officers trained and experienced in investigating possession for sale cases.
Credible testimony by the officer is crucial to the prosecution. Therefore, a successful defense of the case depends heavily on the effective and aggressive cross-examination of the prosecution's expert. Only an attorney with significant trial experience in drug cases can ensure that all of the prosecution's evidence is aggressively and competently challenged in court.
Why You Need an Experienced Drug Crimes Defense Attorney
Drug crimes in California carry severe penalties, including jail time, fines, and a criminal record that can affect your future opportunities. If you are facing drug crime charges in Orange County, CA, it is crucial to have an experienced defense attorney on your side. At the Law Offices of Christian Kim, our team has a proven track record of successfully defending clients against drug crime charges.
Here are some reasons why you need an experienced drug crimes defense attorney:
- Knowledge of California drug laws: Drug laws in California are complex and ever-changing. An experienced defense attorney has a deep understanding of the legal system and can help you navigate the complexities of drug crime charges.
- Access to resources: An experienced drug crimes defense attorney has access to a network of experts who can provide testimony and evidence to support your defense, including forensic scientists, drug experts, and medical professionals.
- Ability to negotiate plea bargains: In some cases, a plea bargain can be a favorable outcome for a defendant. An experienced defense attorney has the negotiation skills to secure the best possible plea bargain for your case.
- Courtroom experience: An experienced defense attorney has spent years in the courtroom, honing their skills and building relationships with judges, prosecutors, and other legal professionals. This experience can be invaluable when it comes to defending your case.
Don't let drug crime charges ruin your life. Contact the Law Offices of Christian Kim today to schedule a consultation and start building your defense.
Orange County Drug Lawyer
At the Law Offices of Christian Kim, our Orange County & Orange county drug crimes attorney, Christian Kim, has tried over 50 criminal jury trials and handled hundreds of drug cases. As a former prosecutor, Mr. Kim can see a case from the government's perspective and use it to his client's advantage. He uses his significant trial experience to aggressively and competently defend his clients who have been accused of drug offenses.
Call (714) 576-2935 now if you have been accused of a drug offense. We will give you a complete and honest evaluation of your case.
Commonly Asked Questions
What is the difference between simple possession and possession for sale?
Simple possession is the possession of a usable amount of a controlled substance for personal use, while possession for sale is when a person is accused of possessing the drugs with the intention of selling the drugs to another person or persons.
What should I look for in an attorney to defend against a drug charge?
If you have been charged with the sale of narcotics, do not hire an attorney without inquiring as to the attorney's trial experience. Make sure the attorney possesses the necessary experience to effectively defend you against your charges.
Helpful Resources
