Legal Question in Criminal Law in California

Possesion of controlled substance

Does the amount of meth determine wether a posession charge is a felony, or misdemeanor? Or is it an automatic felony regardless of the amount? And does the prosecution have to prove the substance discovered is actually meth by sending it to a lab? And what is the purpose of a pre-prelim?


Asked on 1/25/09, 8:30 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Possesion of controlled substance

Simple possession of meth for personal use can be charged either as a felony or misdemeanor, it is up to the DA. Possession with intent to sell is always a felony. Amount of substance matters a great deal of course. That said, sometimes possession of even a small amount can be basis for a possession with intent charge, if other factors indicating sales (scales, cash, etc.) are present.

Yes, the prosecution has to have the substance lab tested to prove that it is what they say it is.

Pre-prelim is just a hearing right before the Preliminary Hearing.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 1/25/09, 10:03 pm


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