Possession for Sale Criminal Defense Lawyer Los Angeles
Possession for Sale of Methamphetamine or Heroine:
Our Criminal Attorneys in Los Angeles can aggressively defend you if you have been charged with possession of a controlled substance for sale. Charges may be filed if there is an actual sale of drugs or if there is possession with the “intent to sell”. For instance, if narcotics are found in substantial quantity or are packaged in small baggies and are discovered with a large sum of cash, an inference may be drawn that the possession was for sale. Drug sale charges are far more serious than simple possession charges.
What are the penalties for possession for sale of drugs in California state courts?
– Possession for sale of cocaine salt or powder. It is prohibited under Health and Safety Code 11351; “crack” cocaine under 11351.5. Penalties for possession for sale of cocaine salt are 2, 3, or 4 years in the state prison; for “crack” cocaine, 3, 4 or 5 years. Health and Safety Code 11352 pertains to selling or providing cocaine trafficking and provides for imprisonment for 3, 4 or 5 years.
Those convicted of possession for sale HS 11351 or sale/trafficking under 11352 will often serve from 1 year in county jail to a sentence of 2-5 years in state prison, based upon the quantities of drugs, the extent of their criminal history, and the jurisdiction in which they are prosecuted. Those conviction of selling cocaine with prior related offenses may serve many years in the state prison, since qualifying prior convictions may add 3 years per conviction to the term provided for the conviction itself. Various enhancements exist in the California Health and Safety Code for dealing cocaine which may result in very long prison terms, such as selling to a minor, selling in a school zone, and selling large quantities of the drug.
– Possession of methamphetamine for sale. Methamphetamines are illegal for possession for sale under Health and Safety Code 11378. In practice, those charged with HS 11378 are not eligible for diversion under PC1000, Proposition 36, or felony probation. Those options are available only if one is charged with simple possession of a Meth. Those convicted of HS 11378, possession of amphetamines for sale, may receive anything from probation up to 4 years in prison. Harsher sentences are given for those convicted of manufacturing amphetamines such as methamphetamine.
– Drug Diversion: This is when the defendant is given the opportunity to get the charge dropped upon completion of a drug program. Those charged with HS 11351 are not eligible for diversion under PC1000, Proposition 36, or felony probation. Those options are available only if one is charged with simple possession of Cocaine or Meth.
How can your defense lawyer in Los Angeles fight your possession for sale case?
Your defense lawyer in Los Angeles can fight your possession for sale case by:
– Investigating the facts of your case. The attorney will review the police report, witness statements, and any other evidence that the prosecution has against you. They will also interview you to get your version of events.
– Determining whether there are any legal defenses available. The attorney will look for any legal defenses that could apply to your case, such as lack of intent to sell, entrapment, duress, or mental impairment.
– Representing you in court. The attorney will represent you in court and negotiate with the prosecution for a favorable outcome. If necessary, the attorney will take your case to trial and present evidence in your defense.
– Fighting for the best possible outcome. The attorney will fight for the best possible outcome in your case, which could include a dismissal, a reduction in charges, or a lighter sentence.
– Reduction of charges. Your attorney may be able to reduce your charge to a simple possession with less severe consequences.
– Return of Property. In a drug case, sometimes your vehicle is confiscated. Your attorney needs to file a Motion for the return of your property.
If you have been charged with possession for sale in Los Angeles, it is important to contact a criminal defense attorney as soon as possible. An attorney can help you understand the charges against you, your rights, and your options.
Defenses to Possession for Sale
What defenses can be asserted by your criminal defense attorney in possession for sale cases?
There are a number of defenses that can be asserted by a criminal defense attorney in possession for sale cases. Some common defenses include:
– Lack of intent to sell: The attorney may argue that the defendant did not have the intent to sell the drugs, but instead was simply in possession of them for personal use. Sometimes, prosecution’s inference that defendant intended to sell the drugs is very objective. Your defense attorney may be able to use the testimony of a narcotics expert to prove that no drug sale was intended.
– Lack of knowledge: In California and all Los Angeles counties, you may have a defense to a crime of possession for sale charge if you had no knowledge that drugs were present on your person.
– Lack of possession: You may also have a defense if you were not actually in possession of the drug found. For instance, if a passenger in your vehicle carried the drugs without your knowledge or permission, you may have a valid defense.
– Entrapment: The attorney may argue that the defendant was entrapped into selling the drugs by law enforcement officers.
– Duress: The attorney may argue that the defendant was under duress at the time of the sale, and that they were therefore not acting of their own free will.
– Mental impairment: The attorney may argue that the defendant was mentally impaired at the time of the sale, and that they were therefore not legally responsible for their actions.
– Illegal Search or Seizure: If the police searched your car or home with a valid warrant, you may also challenge the legality of the search. Your attorney normally files a “Motion to Suppress” evidence under your Fourth Amendment Constitutional rights. A successful motion will result in dismissing all the charges against you.
The specific defense that is most appropriate will depend on the specific facts of the case. An experienced criminal defense attorney can help you determine which defense is most likely to be successful in your case.
Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
For a free consultation, Call 213-252-1000
