In California the Health and Safety Code makes it a felony to possess any drugs for sales. If Possessing drugs for sales can result in a jail sentence and unlike a straight possession charge an individual is not eligible for a drug program.
How does the prosecutor prove that you possessed the drugs for sales. The prosecutor will look for evidence that you intended to sell the drugs. This evidence may include:
1. How the drugs are packaged.
2. Large amounts of cash.
4. Pay owe sheets
5. Text messages
6. The quantity of drugs.
At trial the District Attorney will need to prove that that you possessed the drugs, knew the drugs were a controlled substance, there was a usable quantity and that you possessed the drugs with the intent to sell them. If the District Attorney cannot show that you possessed the drugs with intent to sell them you cannot be convicted of possessing drugs for sales.
Possessing drugs for sales cases can often be won at trial. This is the one type of case that oftentimes there is minimal risk in having a client testify. A client that has a serious drug habit can take the witness stand and explain their habit and why they have what the police and District Attorney may consider to be a large quantity of drugs.
In a possessing drugs for sales case the officer will take the witness stand and testify about his training and experience and the number of drug addicts that he has spoken with. The officer will also testify to what addicts have told them is their daily habit. Usually the officer will not have had contact with you and will not be familiar with your habit. When the officer is finished testifying he or she will always tell the jury that in their opinion the drugs were possessed for sales.
I have had many clients testify about their own personal habit. How long they have been using drugs and how much they need to use to keep their habit going. Oftentimes I will also have their loved ones testify about the client’s drug habit.
If the jury returns a verdict of not guilty on possessing the drugs for sales a client may be eligible for a drug diversion program. This is a huge win for the client as the client is now only guilty of a misdemeanor and has the opportunity to earn a dismissal of their case.
An experienced possessing drugs for sales attorney will know how to aggressively represent you. If you have been charged with possessing drugs for sales, contact Maltaise Cini an experienced possessing drugs for sales attorney in Orange County. Ms. Cini has the experience and knowledge to win your case. Contact Ms. Cini at 949-660-1389 today.