Criminal Defense Attorneys

Criminal Defense Attorneys

Law Offices of Tony M. Seyfi, A Professional Law Corporation

Violent Crimes, Sex Crimes, Alcohol and Drug Offenses, White Collar and Theft Crimes, Juvenile Matters

Possession for Sale of Heroine or Methamphetamine

Federal Possession for the purpose of sale of Methamphetamine, cocaine (crack or powder), Heroin and other opiates:

Our Criminal Attorneys in Los Angeles can aggressively defend you if you have been charged in Federal Court with possession of a controlled substance 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.

Possession for sale of cocaine salt or powder 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.

In federal practice, 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 a Cocaine.

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 may be 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

 

Defenses to Possession for Sale

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. 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. 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. Your attorney may also be able to reduce your charge to a simple possession with less severe consequences.

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. In a drug case, sometimes your vehicle is confiscated. Your attorney needs to file a Motion for the return of your property.

CALL 866-533-3363


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.

866-533-3363
Law Offices of Tony M. Seyfi,
Criminal Defense Attorney
9777 Wilshire Blvd. Suite 900
Beverly Hills, CA 90212
Tel: (213) 252-1000
Tel: (818) 788-2010
E-mail: help@zerojail.com


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