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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| METH/ECSTACY - POSSESSION |
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What is Possession of Meth or Ecstasy? |
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Possession of Meth or Ecstasy is having either drug on your person, in your car, or in a place (like your home) that you have control over, even if you are not present at that place.
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First time offenders are eligible to have their convictions taken under advisement pursuant to Section 7411 of the penal code. This means that if the offender successfully completes a term of probation, the charges against him or her will be dismissed. If the offender is under 21 years old, he or she should try to have the conviction taken under the Holmes Youthful Trainee Act (HYTA), which would also dismiss the charge. HYTA should be used instead of 7411 because 7411 can only be used once, and it can be used even after a drug crime has been taken under HYTA and subsequently dismissed. 7411 can be used at any age (link to HYTA).
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Penalties: |
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Any amount of ecstasy or meth: up to 10 years in prison and/or $15,000
Licensing Sanctions
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First Offense: Suspended license for 6 months, eligible for restricted license after 30 days, with petition to court.
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Second Offense: Suspended license for one year, eligible for restricted license after 60 days, with petition to court.
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What Defenses Are There? |
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Mere Presence: |
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If the alleged perpetrator is only in the presence of the cocaine or heroin without having the right to use or control it, he might be innocent. For example, if a husband and wife are in a car together and the husband knows the wife has ecstasy in her purse, he is not guilty of possessing it himself. |
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Lack of Knowledge: |
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If someone has meth or ecstasy on them or in their car, but does not know that it is meth or ecstasy or that it is present, he is not guilty of possession. For example, if someone borrows someone else’s car and there is a bottle of ecstasy pills in the glove box, he is not guilty of possession if he doesn’t know it is there or if he knows it is there but doesn’t know what it is. The person who owns the car may still be charged/guilty of possession even if they weren’t present. |
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Jury Instruction |
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The defendant is charged with the crime of knowingly or intentionally possessing [(state weight) of a mixture containing] a controlled substance, __________. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: First, that the defendant possessed a controlled substance. Second, that the substance possessed was _____________. Third, that the defendant knew that he was possessing ___________. |
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Related topics |
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