Drug Crime Lawyer HS 11351 – Possession of Heroin or Cocaine for Sale
Possession of Heroin or Cocaine for Sale – Prosecution
In order to convict you of possession of heroin or cocaine for sale, the prosecution must prove all of the following elements beyond a reasonable doubt:
- Possession: You had physical control or the power to control the cocaine or heroin.
- Knowledge: You knew the illegal drugs were present.
- Quantity: You had a large quantity of illegal drugs, enough to infer that they were for sale.
- Intent to sell: You possessed or purchased the illegal drugs with the specific intent to sell it or for someone else to sell it. Evidence of intent to sell may include:
- the amount of cocaine or heroin you possessed
- how the drugs were packaged, or small baggies found in the same location
- the amount of money found on you or near the drugs
- the presence of multiple (pre-paid) cell phones
- frequent visitors to your home or business
How is Possession Defined?
Possession means that you had physical custody and control over the substance. 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 of heroin or cocaine.
How is Knowledge Defined?
In order to satisfy this element, the prosecution only needs to prove that you knew you possessed a controlled substance, not necessarily which one. Awareness of the substance’s presence and that it was a controlled substance meets the definition of knowledge.
Additionally, two or more people may possess something at the same time. You do not have to actually hold or touch something to possess it. It is enough if you have control over it, or the right to control it, either personally or through another person. Agreeing to buy a controlled substance does not, by itself, mean that you have control over that substance.
How is Quantity Defined?
Quantity is defined as a “usable” amount. If you were in possession of more than 0.05 grams of heroin or cocaine, this is considered a usable amount for the purposes of satisfying the element of quantity in a possession of heroin or cocaine case. However, other circumstantial evidence can also be introduced in order to prove that the intention was there to possess the cocaine or heroin for the purposes of selling it.
What Does it Mean to Sell?
Selling illegal drugs means exchanging the controlled substance for money, services, or anything of value. Typically, the prosecution will have to prove that you possessed a usable amount of the controlled substance.
What is Intent?
Intent means just that. You intended to sell the drugs and not use them personally. Generally, the presence of additional evidence – individually bagged amounts of the illegal drugs, a scale for weighing product, the presence of large amounts of cash and/or multiple cell phones, for example, can be used to support the charge that you possessed the drugs with intent to sell.
Why Should I Hire a Criminal Defense Lawyer to Represent me if I’ve been Charged with Possession for Sale of Cocaine or Heroin?
If you or someone you care about is facing a charge of possession or heroin or cocaine with intent to sale (“drug dealing”), call a drug crime attorney at Wallin & Klarich today. The knowledgeable and experienced criminal defense attorneys at Wallin & Klarich can help explain the charges and show you how we are able to 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 40 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.
Contact us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.We will get through this together.