When looking at whether someone should be charged and convicted of a drug sales charge in Los Angeles, for example, you have to look at certain key factors.
What the judges look at, what juries ultimately look at if a case is going to go to trial, is several critical factors related to the case.
For example, was the person seen selling drugs to somebody? That would be a pretty strong indicator that they are a seller versus a user of drugs.
Don't forget, even if you're both a seller and a user, you can still be convicted of selling drugs, and the prosecutors treat that typically just the same as somebody who is just selling drugs.
The biggest problem they have is they're trying to protect addicts and users from becoming hurt and having issues related to what can happen when you ingest drugs.
A lot of people overdose. They become addicted. Their lives are ruined, and that's really what the prosecutors, police, and judges are looking out for.
Did Suspect Have Scales to Weigh Drugs?
Another factor that would be indicative of somebody who's selling is if they had scales to weigh the drugs. A lot of my clients will argue that they have scales because I'm a user, and I want to make

Sure that I get the right amount of drugs for my money.
I certainly get that argument, and if all you have is scales and nothing else, you can get away with that argument.
But if you have other factors that are indicative of selling drugs, it's going to be a pretty tough roach to hoe to say that you're trying to weigh your drugs.
Prosecutors are aware of that argument and will try to argue against it. They're going to try to bring other factors against you.
“Pays and Owes” – Drug Ledger
Another indicator that someone is selling drugs versus just a straight possession of drugs would be what we call “pays and owes.”
That's a little ledger, and the police will usually find this when they execute a search warrant on their person or in their car, which indicates who owes them money for drugs.
If you're a drug seller, you're going to have to keep track of money that might be owed because users can't always pay everything right off the top. This 'pays and owes' ledger, when found, serves as a strong indicator of drug sales, as it clearly shows a financial transaction related to drug distribution.
So, sellers will often have to keep pays and owe to keep track of people who owe them money. So, if they find it pays and owes, that would certainly be indicative of someone who is selling drugs.
Cell Phone Text Messages
Another big thing that I see in today's society is they grab the alleged drug dealer's cell phone and try to look for evidence that they're selling.
Texts from people who are asking for drugs and also upon arrest, a lot of times, if someone leaves their phone on, people will start to call them and text them asking for drugs.
That would be an indicator that you've got someone who's selling drugs versus just using medications for their personal use.
So, drug activity on their phone — whether it be from phone calls or text messages, is another way to show that someone is selling drugs versus using them.
Amount and Weight of Drugs
Multiple drugs would be an argument for the prosecutors in drug crime cases. If someone is found with various drugs, typically, they're not going to be using all of those drugs.

They're probably going to be selling them to various people, depending on what the individuals want, drug-wise. So, multiple drugs would be a factor in making an argument that someone is selling versus using.
The amount and weight of drugs found, in other words, if you have thousands of dollars worth of drugs on you, you're going to have a pretty tough argument to say you're going to use all that for yourself.
The prosecutors are going to argue that the reason you have so much is so that you can sell it. So, the amount of drugs is undoubtedly another indicator that someone is selling drugs versus using them for personal use.
Of course, all these things I'm mentioning can be refuted and argued against, depending on what evidence the defense can bring to bear. For instance, if you can prove that the drugs were for personal use or if there was no intent to sell, these can be strong defenses against the prosecutor's arguments.
Defenses for Drug Sales Cases in California
First, it's crucial to understand how the prosecution will approach your case. This knowledge will empower you to build a robust defense, potentially arguing that you're not a seller but a user. This understanding is key because a conviction for drug sales is far more severe than a simple possession case.
Why is that important, some people might ask? Because getting convicted is much more severe than getting a straight possession case.

Because there are a lot of Propositions and laws set up to help people who are addicted to drugs — help them clean their record, help them stay out of jail, help them stay out of prison. For example, Proposition 36 allows for drug treatment instead of jail time for non-violent drug offenders, and Proposition 47 reclassifies certain drug offenses as misdemeanors instead of felonies.
So, that's why it's essential to differentiate someone who is selling from someone who is using. The user is going to get treated much better than the seller.
So, we're always looking to utilize that argument if possible. We want you to know that successful defense strategies are possible. Sometimes, it's challenging, and you may have to accept the sales case. But, we're committed to exploring all these factors to make the best decision and defend you in a criminal case.
But, certainly looking at all of these factors is something that will help us make a decision and best defend you in a criminal case where you're charged with sales, possession for sales or anything related to that, like for example, transportation of drugs for sales.