Drug Possession for Sale in Orange County, CA
Anaheim Criminal Defense Lawyer
Possession of an illegal narcotic is one thing, but possession with the
intent to sell is another. California
drug possession laws are laid out in detail in § 11352 in the California Health and
Safety Code. In some cases, it is difficult to distinguish between simple
possession and possession for sale. Law enforcement officials will analyze
the evidence in order to make that distinction.
How do they determine intent to sell? First of all, investigators will
likely take into consideration the quantity of the drug. If there were
large quantities of the drug, then this might indicate sale. They might
also consider how the drug was packaged. Drugs being used for simple possession
typically aren't neatly packaged in bags or bindles, but drugs for
sale commonly are.
Other indicators might include having scales to weigh the drugs or large
quantities of cash on your person. While
none of these pieces of evidence are entirely conclusive, they could indicate a possible intent to sell. If you or someone you
love has been arrested for a drug sale charge, be sure to contact an Anaheim
drug crime lawyer from the firm to discuss your options.
What are the penalties for selling drugs in California?
The law states that any person who transports, imports into this state,
or sells drugs shall be punished by imprisonment for three, four or five
years. The difference in the terms of imprisonment is based upon the circumstances
of each case. This might include the type or "schedule" of drug,
the amount of that drug and any prior offenses on that person's criminal
record. It is also a crime to sell or distribute a
prescription drug without an authorized license or to write a prescription fraudulently.
Understanding Your Legal Options After an Arrest
The truth is that an arrest for a
drug crime such as this does not mean that you are guilty or will inevitably be convicted
of this offense. There are many defenses available to you. First of all,
you might be able to plead guilty in exchange for a less severe sentence.
This is called a plea deal, but these should only be entered into under
advisement from a criminal defense attorney.
Another possible defense is disproving that there was intent to sell the
drug. You may have been found with a narcotic, but this does not necessarily
conclude that you were going to sell it. If you are not able to get your
drug charges dismissed, there may still be hope. According to California
Penal Code 1000, you might qualify for a
drug diversion or Deferred Entry of Judgment program.
Qualifying individuals will
plead guilty to the offense, but their conviction will be deferred. In the meantime, the individual can complete a drug counseling or similar
type of program. Upon successful completion of this program, the individual
will be able to get their conviction permanently suspended. If you would
like to learn more about this program and if you qualify, contact the firm.
The Anaheim drug attorney at The Law Office of Barney B. Gibbs has 30 years
of experience and can fight to defend your rights. Call now for a
free case evaluation!