If you are caught with drugs in California, you may not be that worried, assuming that it’ll be a relatively minor charge that can be negotiated down with the help of a drug defense lawyer. But then you learn that the prosecutor is charging you with possession of a controlled substance with the intent to sell — a felony offense. How is this possible? Keep reading to get the facts and then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
Differentiating Possession and Possession with Intent to Sell
Under California law, it is a felony to possess certain controlled substances in order to sell them. This includes both street drugs like cocaine and heroin as well as prescription drugs that are commonly abused, such as oxycodone and hydrocodone.
The question of when a person is charged with simple possession versus possession with intent (i.e., intent to sell) often comes down to the circumstances of the arrest. As a drug defense lawyer in Los Angeles, CA can explain, it all depends on what you had on or in your home or vehicle when you were arrested.
Understanding Indicia of Sale and Its Significance
The prosecutor will rely on “indicia of sale” to claim that you had drugs with the intent to sell them, rather than to use them yourself. There are a number of indicia of sale that can be used as evidence in this type of case. For example, if you had large quantities of a particular drug, it becomes a lot harder for you to argue that it was for personal use — and easier for the prosecutor to make a case that you intended to sell the drugs.
Similarly, if the drugs were packaged in individual baggies or bindles, that looks more like you are selling drugs than keeping them for personal use. Other factors may include the presence of scales or if you had a lot of cash on you, especially if it was in small denominations. If witnesses testify that a lot of people came to your house and stayed for just a short time, that may also be circumstantial evidence that you were selling drugs.
Potential Consequences
California law provides severe consequences for anyone convicted of possession with intent to sell. This includes up to four years in county jail and/or a fine of up to $20,000. However, with the assistance of an experienced drug defense lawyer in Los Angeles, CA, you may be able to negotiate a more favorable deal or have the charges dropped.
Potential Defense Strategies
For example, your attorney could investigate the facts surrounding your arrest and/or any search of your property and find that the police conducted an illegal search. In that case, your drug defense lawyer in Los Angeles, CA could file a motion to suppress any evidence found as a result of the search — and your charges could be dismissed or reduced. Alternatively, your attorney could make other legal or factual arguments, such as that the drugs were for personal use.
Seek Legal Representation
If you have been charged with a drug offense, including possession with intent, the Chambers Law Firm can help. We will aggressively defend you through each step of the process, and work with you to help you achieve the best possible outcome. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
