Drug Possession for Sale

The charge of possession of drugs for sale is very dangerous and requires vigorous defense.

Possession of drugs for sale in California is a criminal offense. The gravity of the offense (whether it will be charged as a felony or misdemeanor) depends on the type of drug you are accused of having possessed. Being in possession of cocaine, heroin, methamphetamine, or designer drugs will typically result felony charges. Marijuana (cannabis) possession will usually incur misdemeanor charges.

Because of the social stigma attached to drug possession for sale (the perception that drug sale and use destroy communities) – prosecutors will prosecute these cases vigorously to obtain a conviction that may result in your prolonged incarceration in the state penitentiary.

That’s why it’s important to hire our lawyers to represent you.

Our lawyers have a combined experience of more than 50 years defending persons accused of this crime. Our founding partners are former Los Angeles prosecutors. Robert Ernenwein, one of our co-founders, is a board certified criminal law specialist. He has been consulted by media outlets to render his opinion on high-profile criminal cases. These credentials are unmatched by the vast majority of other criminal defense law firms.

Our extensive experience and knowledge give us the tools we need to successfully challenge drug possession charges.

To prove that you are guilty of this crime, the prosecutor must show that:

1) You possessed drugs;

2) You had knowledge of their presence;

3) You knew that the substance you possessed was drugs;

4) You possessed the drugs with intent to sell them;

5) that the drugs were in a useable amount.

In order to get a conviction, the prosecution is not required to show that you actually sold the drugs. Even if the case is circumstantial, the prosecutor will argue that your intent to sell the drugs can be made by inference (“or interpretation”). For example, being found in possession of drugs, along with scales, packaging materials, “pay/owe” sheets and other articles and items used in the merchandising and sale of drugs can be used to prove that you kept these items to prepare and sell drugs.

Yes.

Depending on the evidence in your case, you can also be charge with trafficking, which is the unlawful sale of drugs, narcotics, prescription drugs or other controlled substances. Drug trafficking involves transporting (“moving”) and distributing drugs from one place to another. You can be charged with drug trafficking even if you only aided and abetted a drug trafficker.

You can also be charged with “Manufacturing” drugs, which is a felony, if you planted, cultivated or harvested marijuana, or if you possessed the chemicals necessary to manufacturing narcotics. Again, the prosecutor does not have to show that you were scene making the items; they will argue that your possession of these chemicals means that you manufactured drugs.

You should note that convictions for these additional charges will substantially increase the amount of time you may be incarcerated. These are extremely serious accusations requiring the services of only an experienced, knowledgeable, skilled attorney. Our lawyers have a combined experienced of over half-a-century (over 50 years) defending possession for sale and related charges.

Depending on the facts and circumstances of your case, our lawyers may be able to argue that the amount of drugs you are alleged to have possessed was not a “usable amount.” To be convicted of this crime, you must possess more than useless traces or debris of the substance.

If the substance was found in your place of residence but you did not control over it or have the right to control it, we may successfully argue that you did not technically “possess” it. Even if you knew of it’s presence, you cannot be convicted if you did not possess it either personally or through another person.

We will argue that your mere presence at the scene of the crime is not enough to charge you of possession for sale. Depending on the facts of your case, we may be able to successfully disassociate you or separate you completely from the drugs and materials which you are alleged to have possessed for sale. For example, if you were arrested in a residence or location during a “drug bust” and you did not own, rent, lease or otherwise remain that location, we can argue that you had no connection to that location, and therefore, did not participate in any drug sale, manufacturing or trafficking activity, and that your charges should be dismissed.

If you are charged with unlawfully possessing prescription narcotics, we may able to have charges dismissed upon proof of a valid prescription.

We may also be able to obtain a dismissal of your case through a pre-trial motion arguing the constitutionality of the search or seizure that led to your arrest and charge for possession. If the police did not have a search warrant to enter your home or to search your car, and did not have a valid “exception” to the requirement that they must first obtain a search warrant, we may be able to have the evidence against you thrown out. If the evidence is suppressed, the prosecutor may not have enough evidence to go forward with a trial and your case may be dismissed.

If you possessed the drugs only for a momentary or transitory period, to abandon, dispose or destroy the drugs, and you did not intend to prevent police from getting hold of the drugs, we can have your charges dismissed altogether.

We may also be able to convince the prosecutor that you did not possess the drugs for sale, but rather for personal use, thereby possibly reducing the charges from a felony (possession for sale) to a misdemeanor (possession for use).

Once the charges are reduced to possession for personal use, we can negotiate an arrangement with the district attorney’s office for you to attend a diversion program. Under the “Deferred Entry of Judgment” program under Penal Code 1000, you would agree to enter a guilty plea to the charge of possession. However, upon successful completion of the terms and conditions of PC 1000, the court will dismiss the charges and your guilty plea will be withdrawn, resulting in no conviction on your record.

There is a host of issues we can evaluate based on our analysis of the police reports, witness statements and other evidence on file. Based on our findings, we may be able to successfully thwart a criminal prosecution in court, or otherwise weaken the case against you.

Our lawyers represent clients throughout Southern California, including Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, City of Industry, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, East Los Angeles, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Huntington Park, Inglewood, Inland Empire, Irwindale, La Canada Flintridge, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Playa Del Rey, Pomona, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Seal Beach, Santa Clarita, Santa Fe Springs, Santa Monica, Seal Beach, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Watts, Walnut, West Covina, West Hollywood, Westlake Village, and Whittier.

Call us immediately at 310-782-0552 for your free consultation.