Drug possession with intent to sell is a serious drug crime in San Diego, California. An individual who possesses a controlled substance with the intention of selling the substance can be charged with a felony. The criminal penalties for selling drugs could include years in prison.
The San Diego drug crimes attorneys of Blair Defense Criminal Lawyers are top-rated trial attorneys. They have more than a decade of experience defending thousands of criminal cases. When you are charged with intent to sell controlled substances, you need a respected, successful criminal defense lawyer on your side.
How Our San Diego Drug Crimes Lawyers Help Individuals Charged With Possession With Intent to Sell
Being charged with possession of a controlled substance and being guilty are not the same thing. Law officers and prosecutors already believe you are guilty. Our legal team at Blair Defense Criminal Lawyers fights to ensure you receive a fair and impartial trial by forcing the prosecutors to prove the criminal allegations against you.
When you hire our award-winning legal team, you can expect us to:
- Investigate the circumstances of your arrest to determine if the police officers violated your constitutional rights
- Obtain copies of the evidence against you from the prosecution, including filing Brady Motions when necessary
- Interview witnesses and gather evidence related to the charges
- Analyze the evidence against you to determine the best defense strategy for your case
- Advise you of the pros and cons of going to trial versus accepting a plea bargain
- Aggressively represent you during plea negotiations and at trial
It is frightening to face drug charges. However, you do not have to fight this battle alone. We are here to help.
Call us today to schedule a free consultation with one of our experienced criminal defense attorneys in San Diego, CA. Let’s begin working on your defense.
What Is the California Law for Possession With Intent to Sell?
California Penal Code §11351 makes it illegal to possess controlled substances with the intent to sell the drugs. Controlled substances include, but are not limited to:
If you are convicted under Penal Code §11351, you could serve from two to four years in prison and pay a fine of up to $20,000. Furthermore, the charge is a felony, so a conviction could count against the California Three Strikes law, which increases the penalty for a conviction.
How Do Law Enforcement Officers Prove Intent to Sell?
There are several ways that law enforcement agencies prove you intended to sell the controlled substance in your possession. Factors that indicate an intent to sell drugs include:
- You have large quantities of the controlled substance (more than a person would use themselves)
- Evidence that you intend to distribute the drugs, such as having different baggies or having the drugs bundled for sale
- You have scales and other tools used to measure quantities to divide the drugs
- You have a large amount of cash in your possession, especially in smaller denominations
- There are a significant number of people coming in and out of a location, especially if they are known to use drugs
Possessing a controlled substance does not mean you have to physically hold the drugs when the police arrest you (actual possession). You can have constructive possession if you have knowledge of the substance and the ability to control it.
Constructive and joint possession (where multiple individuals have some control over the drugs) are more difficult to prove. The state must prove that you knew of the substance and had complete or at least partial control of the drugs. However, the state does not need to prove each of the above factors that indicate intent to sell to obtain a conviction.
Defenses to Charges of Possession With Intent to Sell Controlled Substances
An experienced San Diego drug crimes lawyer analyzes your case and develops a defense strategy based on the specific circumstances. Potential defenses to charges of possession with intent to sell include:
- The drugs were for your personal use and not for the purpose of selling or distributing to others
- You lacked knowledge and/or control of the controlled substances
- The drugs were seized during an illegal search because the police officers lacked probable cause or a search warrant
- The police officers went beyond the scope of the search warrant
- You have a valid prescription for the drugs
Do not talk to the police. The police only want to hear your side of the story to gain more evidence against you. Do not help law enforcement build the state’s case by answering questions or making statements.
Instead, remain silent and contact our office as soon as possible.
Schedule a Free Consultation With Our San Diego Criminal Defense Lawyers
You deserve a fair and just outcome for your criminal case. That begins with hiring an experienced San Diego criminal defense attorney to handle your case. Do not trust a public defender to provide adequate representation.
Contact our office online or by phone to schedule your free case evaluation with an experienced San Diego drug crimes attorney.