Practice Areas

• Accessory After the Fact
• Arson
• Assault & Battery
• Battery on a Peace Officer
• Assault with a Firearm
• Battery
• Assault with a Deadly Weapon
• Bail Review & Reduction
• Carrying a Concealed Weapon
• Child Endangerment
• Conspiracy
• Criminal Threats
• Domestic Violence
• Driving with A Suspended License
• Drug Possession
• Marijuana Possession for Sales
• Drug Possession for Personal Use
• Drug Possession for Sale
• DUI Defense
• I've been arrested for DUI. What happens to my Driver's License?
• DUI Under 21
• The 'Rising Blood Alcohol' Defense
• Attacking the Breath Test
• The "No Driving" Defense
• I've been arrested & cited for DUI? What happens next?
• Attacking the Blood Test
• Elder Abuse
• Embezzlement
• Expungements
• Hit and Run
• Housing Violations
• Juvenile Defense
• License Defense
• Nursing License Defense
• Murder
• Police Misconduct Litigation
• Pre-Filing Investigations
• Professional & Vocational License Defense
• Prostitution
• Public Intoxication
• Sex Crimes
• Indecent Exposure
• Solicitation of Prostitution
• Rape
• Theft Charges
• Robbery
• Purse Snatching
• Burglary
• Petty Theft
• Embezzlement
• Identity Theft
• Three Strikes Law
• Vacating Convictions
• Deportable Offenses: Vacating Your Guilty Plea to Avoid Deportation
• Vandalism
• Vehicular Manslaughter
• Warrant Recall
• Weapons Charges
• Witness Intimidation

Drug Possession for Sale

What does the prosecutor have to show in order to prove that I am guilty of possession for sale?

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.

Can prosecutors charge me with offenses in addition to possession for sale?

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.

What can your lawyers do to have these charges reduced or dismissed?

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.

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.

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

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.

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