Posted on September 30, 2018

Orange County Drug Sales Attorney – OC Drug Defense Lawyer

Have you been charged with a drug crime in Orange County? Retaining an experienced Orange County drug sales attorney can make one of the most important decisions you make. Early intervention by a lawyer can help legally deflect the government’s case against you and exclude you from ever having to appear before a judge. The Law Offices of John D. Rogers has extensive experience in representing clients accused of selling narcotics and we have a proven history of success.

Overview of California Drug Sale Laws

In California, possession for sale is charged under California Health & Safety Code 11378 hs[1] or Health & Safety Code 11351 hs[2]. Each statute carries its own set of laws governing illicit substances – e.g., methamphetamine, heroin, cocaine, and ecstasy. A common misconception is that the government must prove the suspect actually sold the substance. Instead, the government need only prove you harbor the intent to sell. The following is a list of factors the Government proves indicia of sales:

  • Large amount of substance beyond persona use;
  • Large sums of cash and/or pay-owe sheets and/or scales;
  • Cellular phones and/or lack of paraphernalia;
  • Eyewitness / confidential informant to a prior sale;
  • Your incriminating admission to police.

Ordinarily, in order to be found guilty of HS 11378 or HS 11351, the Government must prove the following elements:

  1. You possessed an illicit substance;
  2. You knew of the substances character;
  3. You harbored the intent to sell the substance;
  4. The substance was a usable quantity amount.

Possession for the purposes of sale is punishable in the county jail for up to 4 years and a fine not exceeding $20,000. Drug sales is not eligible to be reduced to a misdemeanor. However, a skilled Orange County drug sales attorney may be able to negotiate for a reduced charge, such as simple possession, and avoid a felony conviction.

Defending Possession with the Intent to Sell Charges

It is not uncommon for drug charges to result after law enforcement executes a search warrant. Consequently, the warrant must be carefully scrutinized for any constitutional technicalities in your favor – e.g., lack of probable cause or the officer lied or omitted material facts in their affidavit. Additionally, an attorney can argue that the substance was possessed for personal use versus possessed for sale. This is usually the case where the defendant is a longtime drug abuser.

Contact an Experienced Orange County Drug Sales Attorney

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Selling narcotics is a very serious offense that requires skilled representation. If you are under investigation or have been charged, contact an experienced Orange County criminal defense lawyer at the Law Offices of John D. Rogers. Call us today to schedule a free confidential consultation concerning your rights and defenses.

 

 

Footnotes:

[1] Except as otherwise provided in Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 of the Business and Professions Code, a person who possesses for sale a controlled substance that meets any of the following criteria shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code:

(1) The substance is classified in Schedule III, IV, or V and is not a narcotic drug, except the substance specified in subdivision (g) of Section 11056.

(2) The substance is specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d).

(3) The substance is specified in paragraph (11) of subdivision (c) of Section 11056.

(4) The substance is specified in paragraph (2) or (3) of subdivision (f) of Section 11054.

(5) The substance is specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section 11055.

[2] Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

 

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