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Sale or Transportation of Controlled Substance



Selling or Transporting a Controlled Substance – California Health & Safety Code 11352

California Health & Safety Code 11352 covers a large variety of drug-related activity.  Anyone who is selling drugs, transporting drugs — even giving away drugs to other people — can be charged with a violation of HS 11352 and will be facing some serious penalties along with jail time, prison time, having to register as a narcotics offender, probation, parole — there’s a whole host of different things that prosecutors and judges can punish a person who is convicted of sales of narcotics.

Sometimes it’s a difficult distinction between selling narcotics and actually just possessing the narcotics.  Sometimes people are doing both.  They are selling the drugs in order to support a habit that they have and they’re also using it.

So, there’s a number of different factors that the police look at when deciding whether it’s a sales case, and these factors are important, because the difference between a sales case and a strict possession case can be huge as far as the penalties you could face and the stigma on your criminal record.

Weight of Drugs, Scales, Baggies, Weapons, Cash

They’re obviously going to be looking to see if they can actually catch you selling it or transporting a huge amount of drugs.  Then you’d have a pretty tough road as far as arguing against a sales charge. Sale or Transportation of Controlled Substance - Health & Safety Code 11352

But other factors that they look at are whether you have scales to weigh the drugs, whether you have a bunch of baggies to package the drugs whether you have a weapon to guard the drugs and other factors that are indicative of somebody who is selling drugs — large amounts of cash — what they call pays-and-owes slips where you’ve got a record of the people who owe you money related to drug transactions.

So, there’s a whole slew of things that are going to be looked.  Sometimes some of them are present; sometimes there’s none of them present and sometimes they’re all present just depending on the circumstances of a particular drug offense.

That’s why it’s so crucial to get a drug crime lawyer who handles a lot of drug cases and has had a lot of success on your side because then you put yourself in a much stronger position to try to avoid a possession for sales or a sales charge and get just a straight possession charge.

Obviously, if there are facts to support the argument that you’re just possessing the drugs for your own personal use, versus trying to sell the drugs.

Fighting Drug Sales or Transporting Cases

Things that you would expect to find and defense attorneys can use to argue that it’s just a straight possession case would include drug paraphernalia used for utilizing drugs, such as syringes and pipes and other instruments that can be used to smoke or inject narcotics would certainly be indicative of somebody who was a user versus a seller.

The one big argument that I see all the time is the quantity of the drugs.  The police are always claiming that the amount is too much for somebody who is just using it for their own person use.  And of course, they just ignore the fact that sometimes people want to get a decent-enough amount so they don’t have to keep going back and forth and risk being apprehended by law enforcement.

So, there’s definitely arguments to be made when it comes to these drug cases.  Fortunately, a lot of Propositions have recently passed that have benefited those individuals who get charged with drug-related offenses, especially sales, possession for sales, transportation and even your own personal use.  You really have a strong argument now to keep people out of prison.

They don’t want the prisons clogged up, certainly not with drug users and even people who are selling drugs would have a better argument to stay out of prison than somebody who is committing a violent felony.

So, you definitely have a fighting chance when it comes to these drug cases.  Pick up the phone.  Make the call.  I’m more than happy to sit down with you and get a game plan together to protect your rights, your freedom and your reputation.

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Ronald D. Hedding, ESQ.

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