Orange County Drug Sales Defense Lawyer
If you have been charged with possession for sale, or sales of drugs, the charges are nearly identical and the punishment is nearly the same. When an individual is charged with drug sales, or possession for sale, they have an amount that is not considered a personal use amount. When the district attorney charges a drug possession for sales or sales case, they are looking at the amount the individual is in possession of and asking themselves if a normal person would use this amount, or is the normal personal selling this amount.
When a district attorney reviews a drug possession for sales or sales case, they review the following criteria:
- What is the amount? Typically in a cocaine or methamphetamine case, more than 5 grams is usually deemed a possession for sales or sales case. With respect to heroine, it is typically more than 5 grams as well. With reference to prescription drugs, if the individual is in possession of an amount that is more than the normal prescription, and the individual is not in possession of a prescription.
- Was there any evidence of Pay-n-Owe Sheets or text messages indicating sales?
- An officer will look to see if there is any contact with an individual (i.e. a text message indicating, “Hey, can you get me some stuff?”, or “Can you get me an eight ball?”).
- An officer will look to see if you are in possession of records (Pay-n-Owe Sheets) you may be keeping which indicates you owe individuals, or individuals owe you, for payment of drugs.
- An officer may suspect sales of drugs if you have money in certain denominations (i.e., a lot of $20 bills or $100 bills). This typically alerts a district attorney that you are probably selling illegal drugs and collecting money in return.
- Were you in possession of any type of scale or weighing device? If so, this would indicate you were weighing drugs prior to selling.
- Were you in possession of packaging material? This is a favorite among district attorneys – any type of baggies, foil, balloons, or anything which indicates you were using this to package drugs. This would include any cut material, Vitamin B12 or other material used to cut drugs.
All of the forgoing factors contribute to a possession for sale, or sales case. If you have been charged with any of those factors, the Law Offices of Stull & Stull has won many of these types of case. Contact us today so we can prepare a defense strategy plan and review the discovery so we can properly defend your case.
Possession Of Methamphetamine For Sale
California Penal Code: HS 11378
A methamphetamine possession sale conviction can result in a prison sentence of up to three years. In many cases, however, the court is willing to consider a PC 1000 or a Proposition 36 sentence, contact the an Orange County Methamphetamine Defense Lawyer you can trust.