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.

When a person is arrested for a Drug charge in Southern California they could possibly face a conviction and jail time. Any drug charge on a person's record could cause future issues with job and school applications. It is in the person's best interest to do all that they can and utilize all available defenses to assure that the charge is reduced or dismissed.

Many of our clients are not guilty of the crime they are being charged with, and it is simply a matter of being in the wrong place at the wrong time. Many of our clients inform us that the drugs that are found in their possession are not theirs, but a friend's or an acquaintance.

For example, lets' say that Dan and Frank go to the beach and Frank drives. Unbeknownst to Frank, Dan has brought marijuana in a bag and put it in Frank's glove compartment. After the beach, Dan forgets to take his marijuana with him and leaves it in the car. A couple days later Frank gets pulled over for a routine traffic violation and when he reaches for his insurance, the bag of marijuana falls out and officers arrest him for possession of a controlled substance.

How does Frank prove that the marijuana is not his, and it was a friend's? This is a difficult defense to argue, because it is difficult to present evidence that will make your argument strong. Frank must prove to prosecutor's that he did not know the marijuana was in his car, and he must show that it wasn't his.

In certain situations, a witness may be able to testify that will make the defense stronger. It may be that Dan is willing to testify that the marijuana was his and that Frank did not know that it was in the car. However, that would require that Dan be charged, and depending on how good of friends Dan and Frank are, it may not be an option.
In other situations there may be a third party that would be willing to testify. In the previous example, lets say that Tom was in the backseat. Tom had just met Frank and was a friend of Dan's and saw Dan put the marijuana in the glove compartment. If Tom were to testify in Court that he saw Dan bring the marijuana into the car and put it in the glove compartment, and that Dan was known to smoke it might strengthen Frank's defense .

The nature of the relationship the witness has with the person being charged will play a strong role. If the witness and the charged person are good friends, it may cast doubt on the credibility of the testimony and Prosecution will argue that it is weak evidence since it may be biased. In the hypothetical situation of Tom, the testimony may be somewhat stronger because Tom is testifying against his friend, on behalf of a person he does not know too well. A knowledgeable San Diego Drug Possession Lawyer will play up this aspect and present evidence that wills strongly support their defense.

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.