The amount of drugs that you possess may be a factor in the charge.
Under California law, it is a felony offense to possess certain controlled substances with the intent to sell them. This includes street drugs like cocaine and heroin as well as prescription drugs like Oxycontin and Vicodin.
While many people are charged with possession with intent to sell, they may claim that they are not drug dealers. Instead, they claim that the amount of drugs that they have in their possession is just for personal use. So how can a prosecutor prove otherwise?
There are a number of factors that the police and a prosecutor will use to show that a person has an intent to sell drugs. The first and most obvious factor is the quantity of drugs. If you have a large amount of drugs, then the implication is that you are not going to take them all yourself — it’s that you are going to sell them. However, a skilled Riverside criminal defense attorney may argue that you have an addiction, and that while your possession of such a large quantity of drugs is troubling, it doesn’t necessarily mean that you intended to sell the drugs — simply that you have a drug problem.
However, a prosecutor will look to other factors to prove intent to sell. This may include the way that the drugs are packaged. If the drugs are packaged in separate baggies or bindles, that is an indication that the drugs are going to be sold, not that they are for personal use. After all, if you are going to use the drugs yourself, you don’t need to package it off into small pieces in separate packages.
If the police found other items along with drugs, such as scales or lots of cash, particularly in small denominations, that could also be an indication that your possession is for sale, rather than for personal use. The police may have also observed you doing things that are typically associated with the sale of drugs, such as having lots of people coming to your home and staying only a few minutes. These could all be indications that the drugs you were caught with were for sale, and not for personal use.
If you are convicted of possession with intent to sell, you could be sentenced to up to four years in county jail and/or a fine of up to $20,000. Being convicted of this charge, rather than simple possession, makes you ineligible for a drug diversion program. That is why it is so important to have a skilled Riverside criminal defense attorney to represent you and to argue on your behalf.
At the Chambers Law Firm, our experienced Riverside criminal defense attorneys aggressively defend clients against drug and other criminal charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn about how we can help you if you have been charged with a crime.
