Possession for Sale of Cocaine or Heroin – Drug Defense Attorney
Health & Safety Code 11351 FAQs
What do you need to know about possession of cocaine or heroin with intent to sell in California?
Our drug defense attorneys at Wallin & Klarich provide you with answers to the most commonly asked questions regarding possession for sale of cocaine or heroin accordingly to Health and Safety Code 11351. If you or a loved one is facing charges for possession for sale of any controlled substance, we understand the stress and fear you and your family are going through, and you do not have to face this burden alone. We have over 40 years of experience fighting for clients facing all types of drug charges. Speak to one of our drug defense attorneys today, and let us show you how we protect our own.
1. What is the difference between simple possession of cocaine or heroin and possession for sale?
Simple possession means you had control of illegal drugs without the intent to sell them. You did not possess enough cocaine or heroin to meet the element of quantity. However, if you stored the drugs in such a way that it would appear to the police that you had intent to sell them, you can be charged with possession for sale. It does not matter if you actually sold the drugs. Proof of intent is enough to charge you with possession for sales.
2. How much time can I be sentenced to if I am charged with possessing a large amount of cocaine or heroin?
It depends on the quantity of illegal drugs you had as well as on other circumstances. Generally, the more you possessed, the longer the sentence may be enhanced. You face up to 25 years in prison or more and a fine of $8,000,000 if you are convicted of trafficking over 80 Kilos (2.2 lbs.) of cocaine, crack or heroin. You can speak to one a drug defense attorney at Wallin & Klarich today to receive immediate answers to your questions regarding the specific facts of your case.
3. How much cocaine or heroin is enough to charge me with possession for sales, rather than simple possession?
Typically, you must possess a “usable” quantity of the illegal drugs in order to meet an element of quantity large enough to prove that you intended to sell, rather than personally use the controlled substances. There is no set California state standard of quantity that meets the definition of “usable.”
4. Will I have to register as a drug offender if I am convicted of possession for sales of cocaine or heroin?
Yes. Anyone convicted of a drug-related crime must register as a drug offender with the local authorities where they live while living in California. This requirement will last five years.
Where can I find an experienced criminal defense lawyer in California to represent me?
If you or someone you care about has been accused of possessing illegal drugs for sale in Southern California, call a drug defense attorney at Wallin & Klarich right now. Our attorneys are well versed in state and federal laws and have the skills and expertise to provide you with the best possible defense.
With offices in Orange County, Los Angeles, Torrance, Sherman Oaks, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the attorneys at Wallin & Klarich have over 40 years of experience ensuring 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.
Contact us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.We will get through this together