The possession of methamphetamines (meth) is considered to be a serious felony offense. Additionally, possession of items and chemicals used to manufacture methamphetamines include further state and even federal charges. Meth possession or distribution charges may be a second degree or a third degree crime, based on the surrounding facts of the crime and if other crimes occurred as a result of the drug possession.
Methamphetamine Possession Penalties
Law enforcement authorities consider methamphetamines to be a dangerous drug, not only due to the effects of the drug itself, but also because of the potential accidents and explosions which can be caused by the manufacturing process.
Many prosecutors will charge defendants of a Class A felony which carries a penalty of ten years to life in prison. Additional penalties will be applied if prosecutors can prove the defendant intended to manufacture methamphetamines, intended to sell to a minor or caused an explosion during the manufacturing process. Charges for these criminal acts often result in a more severe penalty than for violent crimes.
In a state court, drug possession offenses are classified in degrees (first, second, third) and will be punishable with a jail term appropriate to the degree of the crime. A first degree felony is the most serious and has a maximum sentence of life in prison.
In a federal court, defendants convicted of drug possession charges receive penalties passed on Federal Sentencing Guidelines. These guidelines have been designed to provide a standard for penalties of like crimes. They are advisory in nature and the presiding judge has the authority and discretion to assign a penalty considered to be appropriate to the crime.
Defense Strategies
Because law enforcement authorities and the judicial system consider methamphetamine to be a serious drug, it is important to have an effective defense strategy. This may include:
- Assurance that there were no violations of Civil or Constitutional rights
- Verify that the defendant was properly Mirandized?
- Did defendant have an opportunity to have an attorney present for any questioning?
- If the substances were found during a traffic stop, was it a legal traffic stop?
- Was there probably cause for any searches performed in car, home or on person?
Getting Legal Help
If you or someone you know are facing methamphetamine possession drug charges, you should seek consultation from a qualified attorney as soon as possible. Drug possession charges can be very serious with potentially severe penalties. An experienced drug possession defense attorney will have a proven track record in working with complicated state and federal drug laws as well as experience working and negotiating with prosecutors to get charges reduced or dismissed.
