Defending Drug Charges in Orange County: What You Need to Know
Drug charges in California are some of the most serious criminal offenses and can carry severe penalties, especially if the charges involve sales or intent to sell controlled substances. If you or someone you know is facing drug charges, understanding how the prosecution builds its case and what defenses are available is crucial for a strong legal strategy. This article will provide an overview of the general requirements for proving drug sales or intent to sell, common indicators of sales, and key defenses under California law, including relevant statutes like Health and Safety Code (HS) 11378 and HS 11351.
Table of Contents
Understanding Drug Sales and Intent to Sell in California
In California, drug sales or possession with the intent to sell are prosecuted more severely than simple possession for personal use. To convict someone of these charges, the prosecution must prove several elements beyond a reasonable doubt.
Proving Drug Sales (HS 11351 and HS 11378)
Health and Safety Code 11351 applies to the sale or possession with intent to sell controlled substances such as cocaine, heroin, and prescription medications like oxycodone. HS 11378 deals with the possession for sale of methamphetamine, ecstasy, and other non-narcotic controlled substances.
To convict someone under these statutes, the prosecution must prove the following elements:
- Possession of a Controlled Substance: The defendant must have had actual or constructive possession of a controlled substance.
- Knowledge of the Substance’s Presence and Nature: The defendant must have known that they possessed the drug and that it was a controlled substance.
- Intent to Sell: The prosecution must demonstrate that the defendant had the intent to sell or distribute the drug.
- Sufficient Quantity: The substance must be in a usable quantity—enough that it could be sold or used.
Proving intent to sell is typically the most challenging element for the prosecution. Unlike simple possession, which may only require the discovery of drugs on the defendant’s person or property, intent to sell requires additional evidence showing that the defendant intended to distribute the substance.
Indicia of Sales: Common Evidence Used to Prove Intent to Sell
When prosecuting drug sales or intent to sell, law enforcement and prosecutors look for specific indicators that go beyond mere possession of drugs. These indicators, known as indicia of sales, can include:
- Large Quantities of Drugs: The more drugs found in the defendant’s possession, the more likely the prosecution will argue that the drugs were intended for sale rather than personal use. While small quantities could be argued as personal use, larger amounts are harder to explain.
- Baggies or Packaging Materials: The presence of plastic baggies, scales, or other packaging materials is often used to argue that the defendant was preparing the drugs for sale. Multiple small baggies of drugs are particularly suggestive of intent to sell, as they indicate the drugs have been divided for distribution.
- Large Sums of Money: Possession of significant amounts of cash, especially in small denominations, is often presented as evidence of drug sales. Prosecutors argue that drug dealers often carry large sums of cash due to the nature of their transactions.
- Text Messages or Phone Records: Text messages or phone records that discuss drug transactions, orders, or deliveries can be powerful evidence of intent to sell. In many cases, law enforcement officers use these communications to show that the defendant was actively selling or negotiating the sale of drugs.
- Confidential Informants or Undercover Officers: In some cases, drug charges stem from the use of confidential informants or undercover officers. These individuals may testify that they purchased drugs from the defendant or observed drug transactions.
While these factors can be compelling for the prosecution, they can also be challenged by a skilled defense attorney who can provide alternative explanations for the evidence.
Applicable Defenses to Drug Sales Charges in California
Several legal defenses may be available to someone facing drug sales charges. The right defense will depend on the specific facts of the case, but here are some common strategies used to challenge drug sales allegations.
-
Entrapment
Entrapment is a defense that can be used if law enforcement officers or agents induce the defendant to commit a crime that they otherwise would not have committed. For example, if an undercover officer pressured or coerced the defendant into selling drugs, the defendant may be able to argue that they were entrapped.
Under California law, the entrapment defense requires the defendant to prove that they were not predisposed to commit the crime and that the government’s actions would have caused a normally law-abiding person to commit the offense. This defense can be particularly effective in cases involving confidential informants or undercover operations.
-
Illegal Search and Seizure
One of the most powerful defenses in drug cases is challenging the legality of the search and seizure that led to the discovery of the drugs. Under the Fourth Amendment to the U.S. Constitution and Article I, Section 13 of the California Constitution, individuals have the right to be free from unreasonable searches and seizures.
If the police conducted an unlawful search of the defendant’s person, home, or vehicle without a valid warrant or probable cause, any evidence obtained during that search could be suppressed. If the court grants a motion to suppress evidence, the prosecution may be left with insufficient evidence to proceed with the case, which could result in the charges being dismissed.
-
Lack of Intent to Sell
A common defense in drug cases is that the drugs were possessed for personal use, not for sale. The defendant may argue that they are a drug user rather than a dealer and that the drugs were for their consumption. This defense is particularly relevant when the amount of drugs is small and there is no other evidence of sales, such as baggies, scales, or large amounts of cash.
For example, if the defendant possessed a personal-use amount of methamphetamine but was charged under HS §11378 for possession with intent to sell, the defense could argue that there was no intent to sell and that the drugs were for personal use. In some cases, a lack of intent to sell could lead to a reduction in charges from a felony to a misdemeanor or even a diversion program under California’s Proposition 36 or the California drug diversion program (Penal Code §1000).
-
Mistaken Identity or False Accusation
In some cases, the defendant may be falsely accused of drug sales or maybe the victim of mistaken identity. This defense can be used if the defendant was not in actual possession of the drugs or if the drugs were found in a location that was accessible to multiple people.
For instance, if drugs were found in a shared vehicle or residence, the defense could argue that the defendant was not the owner or possessor of the drugs. Similarly, if the charges stemmed from a confidential informant’s tip, the defense could challenge the credibility of the informant.
Statutory Overview: HS 11351 and HS 11378
- HS §11351: This statute makes it illegal to possess controlled substances like cocaine, heroin, and certain prescription medications with the intent to sell them. Violations of HS §11351 are punishable by imprisonment and heavy fines.
- HS §11378: This statute applies to the possession of non-narcotic controlled substances, such as methamphetamine and ecstasy, with the intent to sell. Similar to HS §11351, a conviction can result in significant jail time and fines.
Contact Us for Help
If you are charged with a drug offense, then contact the Law Offices of John D. Rogers to schedule a consultation with an experienced Orange County criminal defense attorney.
