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What You Need to Know About Possession for Sale Charges in California

Posted on in Criminal Defense

Palo Alto criminal defense attorney drug possession for sale

While California is known for having more relaxed drug laws than many other states, there are still numerous criminal charges that can be brought against those accused of possessing or selling drugs in California. Being found in possession of illegal drugs like cocaine, LSD, methamphetamine, or heroin can lead to heavy penalties and jail time.

If a large quantity of drugs were allegedly found in your property or otherwise in your possession, you may be charged with “possession for sale of a controlled substance.” If you are charged with this crime, it means that law enforcement and prosecutors believe that you intend to sell the drugs allegedly in your possession. The penalties associated with possession for sale are much harsher than those that apply to simple possession charges. If you have been charged with possession for sale, it is critical that you speak with a qualified criminal defense attorney right away.

Factors That Can Lead to a Possession for Sale Charge

Being convicted of any drug charge can lead to criminal penalties, but possession for sale is considered a much more serious crime than other possession offenses. Prosecutors can charge a defendant with possession for sale when there are "indicia of sale" or indications that the defendant is selling the drugs or intends to sell the drugs. Indicia of sale generally include:

  • Large amounts of the controlled substance found in your possession

  • Packaging materials such as baggies or bindles

  • Weighing scales

  • Large amounts of cash

  • People frequently coming in and out of your house

If you are convicted of possession for sale, you could face up to four years in county jail and a maximum fine of $20,000. Unlike a conviction for simple possession, a possession for sale conviction makes you ineligible for most drug diversion programs that could allow you to avoid a conviction and jail time.

Defenses Against Possession for Sale Charges

While each possession for sale case is different, there are many ways in which you and your attorney might choose to fight the charges against you. These include:

  • The drugs were discovered during an unlawful search.

  • Law enforcement falsified evidence.

  • You were not in possession of a controlled substance.

  • The controlled substance belonged to someone else.

  • The controlled substance found in your possession was for personal use only.

  • You did not know the controlled substance was in your possession.

Contact a Fremont Criminal Defense Attorney

Do not try to fight possession for sale charges on your own. Contact an experienced Alameda County drug crimes defense lawyer for help. Call 408-234-7563 today to schedule a free, confidential consultation at Fuller Law Office. We will work hard to ensure that your rights and best interests are fully protected at every stage of the proceedings.

 

Source:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=10.&chapter=6.&lawCode=HSC&article=1.

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