This is now a big issue in Los Angeles when it comes to people being arrested for sales or possession for sales of drugs — even straight possession. Anytime anybody is detained for a sales case, they usually say they're innocent.
If the police don't have the facts to support the charges — they'll argue that they were possessing the narcotics for their personal use, which is a vast difference nowadays in California.
You're in a much better position if it's just a straight possession case versus sales or possession for sales.
Drug Diversion in Rather Than Jail Time
There are numerous propositions available to you, each offering the potential to avoid jail time and a conviction on your record. For instance, diversion or Prop 36 of Penal Code Section 1000 can be viable options. These programs can provide a second chance and a path toward rehabilitation, potentially leading to a more favorable outcome for your case.
All sorts of angles can be utilized for those just charged with straight possession versus those accused of possession for sale.
We've come a long way in prosecuting drug cases in California. I've been doing this for 26 years. People just used to get slammed for selling drugs or possessing drugs with the intent to sell them.
I mean, in LA County, a first-time offense, if it didn't involve too many drugs, you'd be looking at a minimum of 180 days in jail.
Once you have a lot of drugs, it goes much higher from there, and sometimes even the federal government would pick the case up.
If you had a prior conviction or two convictions, those are 3-year enhancements so that they would tack three years onto the back of any new possession for sales or sales.
I felt horrible for my clients — trying to give them years in prison in a lot of these cases. So, we've come a long way. I've had much success helping people — even on sales cases or possession for sales.
Possession of a Weapon Involving Drugs
But one thing that will throw a little bit of a wrench into things is if the person has a gun with the drugs. You have to be cautious of that.
Then we try to argue that the gun is not with the drugs or not being used to protect the drugs because that's usually one of the requirements that's necessary.
But in a straight possession case, you have all kinds of leeway to do different things. One big argument is that we're trying to get a sales case or someone charged with sales into a straight possession case. It's not always easy to do.
A lot of times, what I also see is that people are both selling drugs and using drugs.
So, they think because they're using drugs, they're going to get out of the fact that the police have clear evidence that they are selling drugs as well.
The prosecutors don't care much as far as that goes. If you're selling, you're selling. If you're also using it, they see that all the time, but they can still charge you the exact charge even if you were selling and not using it.
Experienced Drug Crime Lawyer in Los Angeles
So, you have to get an attorney who is experienced when it comes to drug cases. I've even seen situations where people are giving drugs away, and that falls under the category of selling drugs.
I don't think that's fair, but they don't want people to claim. I gave my friend some drugs, and the friends were buying the drugs, but they're not going to admit they were buying the drugs.
So, they've made giving away the same as selling. It's in the same category. It carries all of the same punishments.
Now, of course, I've been able to secure better resolutions when someone is just giving drugs away, especially if it's a small amount versus someone who is selling it for profit. We can make that distinction when we're defending the case, giving you reason to be optimistic.
So, if you've got a case of a sale, possession for sales, or even a straight possession, you owe it to yourself to hire an attorney like me. I've been doing this for 26 years and have had a lot of success. You want to ensure you get the best result, so that will require getting the best attorney.
