As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
Posted in Drug FAQ'S on May 22, 2017
California Health and Safety Code 11378 HS makes it illegal to possess methamphetamine for the purpose of selling or distributing it to others. Convictions under this law result in felony charges, up to three years in jail, and fines of up to $10,000. If you find yourself charged with a crime under 11378 HS, seek help from a criminal defense attorney immediately. It may be possible to lessen your charges or convince the courts to drop them completely in certain situations.
There are major differences between the penalties for possession of methamphetamine for sale and possession for personal use. The former is a felony, while the latter is only a misdemeanor. The lesser charge also comes with potential eligibility for a drug diversion program instead of jail time, which commonly leads to the courts dismissing the charges. Police will try to prove the possession of methamphetamine for sale instead of simple possession using evidence against you such as:
In many cases, police may charge an individual under 11378 HS based on one or more of these factors, whether or not the person actually had the intent to sell the methamphetamine. It is up to a good defense attorney to poke holes in the prosecution, bringing a charge down to simple possession.
There are a few common defenses that may come into effect during a trial for a 11378 HS charge. While the specifics of every case will be unique, here are three defenses that have been successful in the past:
In many cases, the court system wants to help individuals convicted of drug charges get clean and avoid future legal trouble. The right defense attorney can use this in your favor for 11378 HS charges, and help you face lesser penalties or no conviction at all.