Crystal Meth – Are You Now Confessed to a Methamphetamine For Sale Crime?:
The offense of possessing methamphetamine for sale is a very serious crime under California Health and Safety Code Section 1137 which can end up with severe legal penalties. As the name indicates, an HS 11 1937 prosecution necessarily results from the accusation that the defendant intended to sell a large amount of methamphetamine to a customer at some point in time or soon. Although the sale and possession laws vary in different parts of the state, generally speaking, a “for sale” sign can be displayed in public places where retail drugs are sold. This “for sale” sign does not have to be near an active sale, however.
When this “for sale” sign is displayed, there is probable cause to believe that a sale of Crystal Meth occurred. Specifically, there must have been a face-to-face transaction involving a valid and existing sales contract between the seller and the buyer. Otherwise, there is no valid reason to arrest the person. In addition, there must have been a conversion of the principal amount of methamphetamine to cash or its equivalent. Otherwise, there is no conversion of a drug trafficking crime to a civil violation. (In fact, most states avoid prosecuting drug crimes involving a specific intent to use the drug.)
Crystal Meth
A “for sale” charge of methamphetamine is usually used as the first step in a federal investigation of a suspected illegal drug activity. Federal agents may search the residence or place where the suspect frequently resides or works to look for evidence of the presence of drugs. Agents may also seize any personal effects belonging to the suspect, such as his or her car or home-based business. The potential severity of the methamphetamine felony conviction, however, is inextricably tied to the amount of methamphetamine or “speed” used to make the drug. The greater the amount of the drug, the greater the potential for severe federal charges and penalties.
The minimum mandatory sentencing for first and second time offenders of methamphetamine possession is five years in federal prison. For first time offenders of selling or manufacturing methamphetamine, the punishment increases to ten years in prison. The punishment is further increased for repeat offenders of methamphetamine possession or dealing. This potential penalty is in addition to the more severe sentences for other drug crimes, such as crack and cocaine possession or trafficking.
Are You Now Confessed to a Methamphetamine For Sale Crime?
If the defendant has previously been found guilty of possessing methamphetamine, he will be facing additional charges. The first step in any such case is to enter a plea of “not guilty.” If a defendant replies “yes” to the questions posed by the prosecutor, he is guilty of possessing the substance. If a defendant answers “no” to the questions posed by the prosecutor, he is not guilty of possessing the substance. If a defendant answers “in my opinion,” he must clarify what he means by “my opinion,” before the court can proceed with the trial.
It is important to understand that there are various defenses available to those who are charged with this offense. Some of these defenses include: self-defense, necessity, mistake-of-fact, legal necessity, and intent to use the drug. It is important to retain an attorney experienced in using defenses of this nature to obtain a fair trial. As with all criminal cases, a knowledgeable defense attorney is crucial to the success of the defense. It is also important to hire an experienced lawyer who will protect your constitutional rights and fight aggressively for you.