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Drug Sales

Possession for Sale of a Controlled Substance - Health and Safety Code 11351 HS

For the course of the last 25 years, I've done thousands of sales, possession for sales cases in Los Angeles County. Believe it or not, even giving away narcotics falls under the same category as selling narcotics which is crazy because a lot of times the prosecutors want prison when people are selling narcotics on the streets of Los Angeles – especially if they have a gun or any type of a criminal record related to sales.

So, if you have a sales or a possession for sales of narcotics pursuant to Health & Safety Code §11351, 11378, 11360 – these are all the drug crimes that fall under trafficking narcotics – whether it be transporting narcotics, possessing narcotics for sale, actually selling it – you have to get the best attorney you can find so you can avoid some of the horrible stigma and consequences that come along with drug-related sales offenses.

Defenses To Possession For Drug Sales

Sales Of Narcotics

One of the biggest defenses that I see utilized, and I've been very successful with it, is that either the police illegally stopped the person – whether they were in their car or on foot – and that the police illegally searched the person and violated their Fourth Amendment rights.

We all have Fourth Amendment rights that it's not reasonable for the police to just search us for no reasons. This is guaranteed by the Constitution of the United States, and if the police stop or search you for no reason, anything that is found can be suppressed and not be used against you in a criminal case.

This is huge because usually without the narcotics in a criminal case, the prosecutors are forced to dismiss the case and you can move on with your life. So, this is one big defense.

The other defense is surrounding sales and possession for sales and even giving away narcotics, has to do with the surrounding circumstances of the offense. In other words, what happened? How did the police get you?

Another big one is sometimes you have narcotics, but you're not possessing it to sell it and you haven't sold it and you're not trafficking narcotics. You're possessing it for your own personal use. There's a huge distinction in the law between possessing something for your own personal use of narcotics and actually just possessing it to sell it.

If the police catch you selling it and you have a firearm, they are going to try to put you in prison. If on the other hand, you have a drug problem, or you are just socially using drugs, you are in a much different situation. There's a number of different programs that you can avail yourself of and you can really have a fighting chance to stay out of jail and even get a conviction wiped out if it's handled the right way.

So, these sales cases are very serious and it's important that you have an attorney who has done these types of cases, who is local to the court where your case is pending and really knows what it takes to win these cases or at least negotiate them to a satisfactory resolution.

Factors Prosecutors Use To Charge a Drug Sales Case

There's a number of different factors. All of them are equally important. (1) they are going to look at the person's criminal record and see if they've ever done this before; (2) they are going to look whether they are selling it where it can end up on the streets and kids can get ahold of it.

They are also going to look and see if the person is armed with a weapon. They are going to see the amount of the drugs that are involved. When they are considering whether someone is selling versus just personally using narcotics, they are going to look to see if they can actually visibly observe a sale, whether the person has “pays and owes” which are basically record-keeping systems showing who owns them money for drugs. They are going to check their phone to see if there are any messages that are indicative of sales.

They are going to see if they've got any baggies for selling. They're going to see if they have a scale. There are the whole host of different factors, and having done this for 25 years, obviously I know what they are and I know how to defend these types of cases.

What I have you do in one of these sales cases – whether it involves any type of drug – marijuana, methamphetamine, cocaine, heroin, fentanyl, PCP – I get you in the office and we sit down and go over everything and we really make an informed decision as to what the best defense strategy is going to be.

Whether it's going to be to fight the case and assert a defense, or whether this is more a case where we should negotiate and try to work out some sort of a resolution where we get character letters and put a mitigation package together for you so that you can stay out of prison and still have a chance to keep your record as clean as possible.

The biggest thing is knowing what you can do to help the attorney; what the attorney is going to do and having an idea of what you're facing so you can get some peace of mind and some clarity so that eventually you can get some closure on the case and move on with your life free of the criminal justice system.

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