Los Angeles Criminal Lawyers Blog

When a person has been arrested for drug possession, the arresting officers will determine whether the charge will be drug possession, or drug possession with intent to sell. To make the determination, officers will look at the facts.

A simple drug possession charge, while taken seriously by courts, will yield a lesser penalty than when there is an intent to sell. Therefore, it is always better when the charge is just drug possession and the officers determine there is no intent to sell.

Officers will survey the situation, taking all things at the crime scene into account. Let's take an example. Officers come into a person's house and arrest them for drug possession. In the home there are many baggies or drugs, each measured in the same amount. There are also many scales scattered throughout the room and bundles of cash. It is safe to assume that the person charged was not only using drugs for their own possession, but had the intent to sell. The facts, measured bags, vast amounts of cash, indicate that the drugs were not simply for personal use.

In comparison, consider a second example. Officers enter a home and find the person using illegal drugs in his home. There is drug paraphernalia in front of him on the table, and a container with a couple ounces of the substance. In this situation, it seems that the drugs were used by the person alone. There are no facts or indicators that point to another reasonable conclusion. In this scenario, he will likely be charged with possession, and not an additional intent to sell.

It is important to remember that in drug cases, there are several defenses available. If officers obtain the evidence or enter a person's home without a search warrant, or reasonable circumstances it could be a violation of the person's Fourth Amendment rights. If there is indeed a violation, then the exclusionary rule applies, which will exclude the evidence from trial.

Additionally, if the drug you are charged with is marijuana, there may be changes in law that would make it nothing more than an infraction. If the person holds a valid medical marijuana card, they may also have a valid defense in State criminal cases.

The difference between drug possession and intent to sell could mean jail time and longer probation. The facts must be demonstrate that there was an intent to sell beyond a reasonable doubt before a person can be found guilty. There is a lot of subjectivity and a lot of the evidence depends on who strong of an argument is presented by defense or by prosecutors.

Consulting a Los Angeles Drug Possession Lawyer is a good idea. They can explain to you how strong your case is for intent to sell, and what the chances are that it could be reduced to a simple drug possession. Additionally, they are able to assess the facts of your case to determine whether there is a defense that could work in your favor so that you case may be dismissed.

Under the Fourth Amendment of the United States Constitution, a person is protected against illegal search and seizure. No one's personal space with which they have a legitimate right to privacy may be violated by unreasonable search. Any authority searching personal spaces must have a search warrant, or probable cause, or the search will be unreasonable.

If the evidence was seized unreasonably, and it is proven in Court that officer's violated the person's Fourth Amendment rights, the exclusionary rule will apply.

The exclusionary rule states that any evidence that has been obtained as a result of an unreasonable search or seizure, will be excluded as direct evidence in a criminal case. Many feel that it is extreme to now allow evidence that could convict a guilty person due to a officer's misconduct. However, the exclusionary rule deters officers from straying from rules that protect a citizen's privacy.

For example, officers have been watching David grow and sell marijuana in large quantities for about two weeks. They have gathered surveillance and photographs that could convict David. One day, while David is putting away kilos of marijuana in his garage, officers who are watching storm into his home and confiscate all evidence they find. The officer's search was unreasonable. They had time to get a search warrant, and did not need to immediately search the premises. There was no exigent circumstances that warranted immediate action. Immediate action will comprise reasonable searches in situations where there is an immediate threat of the suspect getting away, or evidence being destroyed. In this situation, David did not know that the officers were watching, and officers did not need to act immediately.

When David's case goes to Court, the evidence confiscated in the house will fall under the exclusionary rule and will not be used as direct evidence against him at the trial for Drug Possession and Sales. This ensures in the future that officers take the time to obtain a valid search warrant and demonstrate to the Judge that there is enough evidence to justify an intrusion of Defendant's property.

An experienced Los Angeles Criminal Defense lawyer has dealt with thousands of criminal defense cases. Many of which involve evidence that was obtained illegally and in violation of a person's Constitutional rights. These pieces of evidence should not be considered at trial. In many situations, when the evidence is not admitted, it leads to a dismissal of the charge for lack of evidence. This is why it is very important to determine whether all evidence was obtained properly, otherwise it could result in your charges being dropped or dismissed. Consult a Los Angeles Criminal Defense attorney to discuss your case and assess the facts so that you are sure you properly present all defenses that are available to you and proper arguments that strengthen your case.

Many of our clients ask how a charge is determined by the district or city attorney. When will the charge be a Possession of a controlled substance for sale, and when will it be a Possession of a controlled substance. The difference is significant, as it can determine which potential consequences a person may face, and whether or not they face a possibility of jail time.

The determination is made by taking a look at the circumstances and the specific facts of the case. The officers who arrest and charge the person will make a determination and prepare the citation accordingly. It will then be sent to the Court so that the prosecutor can make a determination of whether the charge rises to the level of a Possession for sale, which is a lot more serious than a simple possession.

For example, let's say that a person has been stopped by officers while he is driving his care for a routine traffic stop. Officers then smell marijuana when the driver opens his window, this gives officers probable cause to search the vehicle. When searching the vehicle, they find a small bag of marijuana between the two driver's seats, and neither driver has a medical marijuana prescription for its possession.

In the previous scenario, there is no evidence that the marijuana is for sale. There is a small amount, the driver's seem to have used it themselves, and it is the only drug and amount of marijuana found in the vehicle. The officers will likely only charge the driver and possibly his passenger with a Possession of a controlled substance. There is also an additional charge under the California Vehicle Code for possession of a controlled substance in a vehicle, which could also be a possible violation. Furthermore, both people charged may have the possible defense of a medical marijuana prescription, if it can be proven that they had a legal reason to be in possession of marijuana.

Let's consider a twist on the facts of the hypothetical. Let's say the driver is stopped by officers and officers search the car. They find about 10 identical bags of marijuana that all weight the same. They also find a bundle of cash and a small scale that can be used to weight different substances. In this situation, the potential consequences may be a lot more serious. The facts point to a strong argument that the drugs in possession are for sale. The charge will be under Possession for Sale, instead of a simple Possession. In this case, the driver and possibly the passenger will have a harder time providing a defense even if they are legally allowed to be in possession of marijuana due to a medical marijuana prescription.

An experienced Los Angeles Drug Offenses Lawyer has dealt with thousands of cases similar to the one outlined above. In situations where it is a simple Possession charge, a strong defense can be prepared that will ensure the best possible changes of having the charge dismissed or reduced. In the more serious situation where the charge is a possession for sale, the argument and evidence gathered must be a lot stronger and will take some time to prepare before the case can be successfully dismissed or reduced.