Cocaine or Heroin for Sale – Drug Crime Lawyer California HS 11351
Cocaine or Heroin for Sale – Defenses
There are a number of defenses an experienced drug crime lawyer may be able to bring to attack a charge of possession with intent to sell a controlled substance such as cocaine, crack or heroin. These include but are not limited to the following:
- Lack of Intent to Sell: The evidence does not support a conclusion that you intended to sell or furnish for sale the illegal drugs.
- Entrapment: Entrapment means a “normally law abiding citizen” would not have otherwise sold or attempted to sell illegal drugs if not induced by law enforcement to do so.
- Unlawful Search and Seizure: The police failed to conduct a proper search and seizure of evidence under your control. For example, law enforcement agents did not obtain the requisite search warrant necessary to search for the illegal drugs you are suspected of attempting to sell.
- Lack of Knowledge: You had no knowledge that you possessed any controlled substances. The cocaine or heroin was “planted” on you or in your home or office, for example.
- Lack of Possession: You did not possess any illegal drugs. For example, you went to a party where other people used cocaine or heroin, or you only held the illegal drugs for use by another person.
Defense No. 1: No Intent to Sell
You cannot be convicted of possession of a controlled substance for sale if you did not have the intent to sell. To sell means to exchange a controlled substance for money, services, or anything of value. Note that being in possession of a controlled substance without the intent to sell is still a crime under California Health and Safety Code Section 11350. You can speak to an experienced Orange County drug crime lawyer at Wallin & Klarich today for immediate help on your case.
Defense No. 2: Entrapment
In order to claim entrapment as an affirmative defense, you bear the burden of proving that law enforcement induced you to try to sell the cocaine or heroin to them, when you otherwise would not have done so. An entrapment defense requires a standard of proof known as preponderance of the evidence. “Preponderance of the evidence” is a lesser standard of proof than beyond a reasonable doubt and essentially means “more likely than not.”
Defense No. 3: Unlawful Search and Seizure
Whenever there is a possibility that law enforcement agents failed to execute a legal search and seizure under the 4th Amendment of the United States Constitution, an experienced criminal defense lawyer may be able to file a Motion to Suppress Evidence pursuant to Penal Code Section 1538.5.
There are strict rules for executing a legal search and seizure of evidence under your control. Essentially, a motion to suppress evidence claims that the prosecution should not benefit from evidence that law enforcement took from you unlawfully. If your motion to suppress evidence is successful then this means that the illegally seized evidence will not be able to be used against you in court. This normally results in the criminal charges against you being dismissed.
Please visit our section on Search Warrants for more information on this subject.
Defense No. 4: No Knowledge of a Controlled Substance
In order to convict you of possession or possession with the intent to sell a controlled substance such as cocaine or heroin, the prosecution must prove you had knowledge that you actually possessed the illegal drugs. If this cannot be proven, you have a defense for lack of knowledge.
Defense No. 5: Lack of Possession – Momentary Possession
Your drug crime lawyer at Wallin & Klarich may be able to establish a defense of momentary possession if all of the following can be proven:
- You possessed the cocaine or heroin only for a momentary or transitory period; and
- You possessed the cocaine or heroin in order to abandon, dispose of, or destroy it, and
- Your intention was not to prevent law enforcement from seizing the illegal drugs.
Just as with entrapment, you must establish by a preponderance of the evidence that your possession of the illegal drugs was momentary in order to assert this defense. You must prove that it is more likely than not that each of the three listed items is true.
Defense No. 6 Lack of Possession – No Control
You cannot be charged with possession of a controlled substance if you did not have control over the illegal substance. However, the prosecution can satisfy this burden by proving that the substance was in a vehicle or home that belongs to you. Even if you did not personally buy the substance, or you were not using the substance, the prosecution can still charge you with felony possession.
Agreeing to buy the substance does not, by itself, mean that you have control over the substance.
Why do I Need to Hire a Crime Lawyer to Represent me if I’ve Been Charged with Possession for Sale of Cocaine or Heroin?
If you or a loved one has been accused of possession of cocaine or heroin for sale, it is imperative that you contact an attorney at Wallin & Klarich today. The knowledgeable and experienced criminal defense attorneys at Wallin & Klarich can help explain the charges and properly defend against them.
With offices in Orange County, Los Angeles, Torrance, Sherman Oaks, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has successfully represented thousands of clients facing drug possession for sales charges. We have over 30 years of experience in making sure that our clients are treated fairly under the law and that they receive the best legal representation possible. We will guide you through all of your options and help you win your case.
Call a drug crime lawyer at Wallin & Klarich today for a free telephone consultation. (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.