California’s Health and Safety Code outlines two specific drug charges related to possession for sale of drugs. The first is Section 11351, which prohibits possession for sale of a controlled substance. The second is Section 11378, which specifically prohibits possession for sale of meth. Both of these are serious offenses.
11351 HS makes it a felony to be in possession of certain controlled substances with the intent to sell them. Some of the illegal drugs outlined in the Code include heroin, cocaine, LSD, and oxycodone.11378 HS makes it a felony to be in possession of methamphetamines, specifically with the intent to sell. Anyone facing charges should contact a criminal defense lawyer.
When proving a defendant had possession of drugs with the intent to sell, the prosecution must prove the defendant had drugs and there was an indicia of sale. To do this, the prosecution may try to show:
- The defendant was in possession of a large quantity of methamphetamine or another controlled substance,
- The methamphetamine or other controlled substance was packaged in many different bundles or separate bags,
- Scales, which may indicate the defendant weighed the controlled substance while preparing it for sale,
- A large amount of cash, particularly when it is in small denominations or separated into bundles, or
- Many people entering and leaving a premises, only remaining in the building for a few minutes each time
If you are convicted of possession for sale of a controlled substance, you will face between 16 months and four years in jail. You may also have to pay a fine as high as $20,000. It is critical to work with a California criminal defense lawyer that can challenge the arguments of the prosecution and build a solid defense for your case. Without a strong defense, you will also have a permanent criminal record, which will impact your future.
Being charged with possession for sale of a controlled substance is scary and things may seem hopeless. They are not. After examining the facts of your case, a lawyer will determine which of the most common defenses to use. They may include:
- You did not actually possess methamphetamine or a controlled substance, such as if law enforcement mistook a substance you can legally possess for drugs
- The drugs were not yours but belonged to someone else and so, you neither possessed the substance nor had the intent to sell it
- You did possess methamphetamine or another controlled substance but it was for personal use and you had no intentions of selling it
Another defense entirely may also apply to your case. After reviewing the facts, a criminal defense lawyer will determine which defense strategy to use to give you the best chance of retaining your freedom.
If you have been charged with
possession for sale of a controlled substance, call 805-477-0070 now.
We can provide you with a free case review.
At The Law Offices of David Lehr, our experienced California criminal defense lawyers know that innocent people face charges of possession for sale of a controlled substance every day. We also know that there are defenses available that can help you avoid jail time, high fines, and other penalties. We serve clients in Ventura, Oxnard, and Camarillo so call us today or contact us online to schedule a free case review with one of our seasoned attorneys.
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