Legal Question in Criminal Law in California
HS11377a
Is it true that regardless of the amount possesion of meth is always a felony? If so does that mean that a person with less than a quarter gram and another person with half a pound face the same charge? I'm looking at a felony possesion charger for having less than a quarter gram. Will the prosecutor be required to prove the evidence actually is meth? Or is that usually done on the request of the defense?
Asked on 3/12/09, 5:20 am
1 Answer from Attorneys
Jacek W. Lentz
Law Offices of Jacek W. Lentz
Re: HS11377a
Possession of meth can sometimes be charged as a misdemeanor but most often it is a felony. It is up DA's discretion.
Yes, ultimately the prosecution must prove the substance was meth. If it was, they will sure be able to do so.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Answered on 3/13/09, 7:12 pm
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