H&S 11377 (a)
Health & Safety Code 11377a
What Does The Prosecutor Have to Prove in a California H&S Code § 11377a HS Criminal Case?
HS 11377 governs possession of methamphetamine in California and generally will be charged as a misdemeanor.
In order to convict you of Health and Safety Code 11377a, the prosecutor must be able to prove or show beyond reasonable doubt that:
(1) defendant possessed methamphetamine;
(2) defendant knew he possessed the meth;
(3) defendant knew what he had was a controlled substance; and
(4) there was enough methamphetamine to be used as a drug–not merely useless traces or residue.
Immigration Consequences of a 11377 a H&S Conviction
A criminal conviction in California, even for a first time drug offense can have negative consequences on immigration status. For instance, methamphetamine drug possession charge may potentially trigger deportation or other immigration difficulties. Winning your case instead of being convicted can often mean staying in the United States instead of being deported. Therefore, hiring an experience Los Angeles drug possession lawyer may mean the difference of keeping your immigration status or suffer adverse consequences. Further, Los Angeles criminal defense attorney handles cases involving vacating a California conviction or sentence for immigration purposes under California Penal Code section 1473.7, which allows those who are no longer in criminal custody to file a motion to vacate a conviction or sentence.
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Penalties for Possession of Methamphetamine Health & Safety Code 11377 HS
There are a few penalties for Possession of Methamphetamine Under Health & Safety Code 11377 HS. First 11377 (a) HS usually is charged as a misdemeanor. Consequences of misdemeanor possessing meth can include:
(1) up to 1 year in county jail, and/or
(2) a fine of up to one thousand dollars ($1,000)
Notwithstanding the aforementioned, every criminal case is different and thus consequences can be far more severe, depending on how the drug was found and whether or not the prosecutors determined if there was an intent to sell or distribute the drug.
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