Possession and Distribution Charges

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Possession of a controlled substance

Possession of a controlled substance is a crime under Health & Safety Code 11350.  Furthermore, the controlled substance in question, along with one's prior criminal record can influence the severity of the offense and penalty one faces if arrested and charged. For example, possession of marijuana can be an infraction, misdemeanor, or felony, depending on the amount in possession, whereas possession of cocaine and heroin is always a felony due to its highly addictive nature.

Takakjian & Sitkoff, LLP was founded over two decades ago and focuses solely on criminal defense for clients in the Los Angeles, Ventura and Orange County courts. As former senior deputy district attorneys who previously prosecuted drug crimes, we know where to look and how to identify weaknesses in the prosecutions case.

Possession of a controlled substance with intent to sell

Possession of a controlled substance with intent to sell or distribute is a felony crime under H&S 11351.  This is a very serious offense that carries up to 4 years in state prison.  Furthermore, being charged with this offense would result in ineligibility for drug diversion programs.  One does not have to caught in the act of a drug sale in order be charged with this offense.  Merely possessing a controlled substance or substances, along with items used to measure out (scale) and individually package (baggies) would result in a person being arrested and charged with drug sales. In addition, incriminating cell phone text messages and possessing a large amount of cash could further convince law enforcement and prosecutors of a person's intent to sell.

Charges for sale, distribution or trafficking of any form of a controlled substance are far more severe than for drug possession. Sentencing enhancements can also be applied if the case involves a large amount drugs.  Proving intent is a vital part of the prosecution's case, however, the most important question is whether the drugs and evidence were discovered and seized legally. If it is proven that law enforcement illegally captured the evidence against you, the evidence would be suppressed and the case would have to be dismissed, regardless of your intent.

Contact us to evaluate your case and options

For more information about your drug sales charges, call Takakjian & Sitkoff, LLP at 888-579-4844 or contact us online. We discuss your case in detail at your free initial consultation. Our legal team is available to help you 24 hours every day, seven days a week.

- See more at: http://www.formerdistrictattorneys.com/blog/possession-and-distribution-charges/#top

Possession of a controlled substance

Possession of a controlled substance is a crime under Health & Safety Code 11350.  Furthermore, the controlled substance in question, along with one's prior criminal record can influence the severity of the offense and penalty one faces if arrested and charged. For example, possession of marijuana can be an infraction, misdemeanor, or felony, depending on the amount in possession, whereas possession of cocaine and heroin is always a felony due to its highly addictive nature.

Possession of a controlled substance with intent to sell

Possession of a controlled substance with intent to sell or distribute is a felony crime under H&S 11351.  This is a very serious offense that carries up to 4 years in state prison.  Furthermore, being charged with this offense would result in ineligibility for drug diversion programs.  One does not have to caught in the act of a drug sale in order be charged with this offense.  Merely possessing a controlled substance or substances, along with items used to measure out (scale) and individually package (baggies) would result in a person being arrested and charged with drug sales. In addition, incriminating cell phone text messages and possessing a large amount of cash could further convince law enforcement and prosecutors of a person's intent to sell.

Charges for sale, distribution or trafficking of any form of a controlled substance are far more severe than for drug possession. Sentencing enhancements can also be applied if the case involves a large amount drugs.  Proving intent is a vital part of the prosecution's case, however, the most important question is whether the drugs and evidence were discovered and seized legally. If it is proven that law enforcement illegally captured the evidence against you, the evidence would be suppressed and the case would have to be dismissed, regardless of your intent.

 

Topics:  Drug Distribution, Drug Possession

Published In: Criminal Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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