Possession of Cocaine for Sale in California
Possession of a controlled substance for sale is a felony under California Health and Safety Code section 11351. If it is determined that the possessor of the drugs did not know that he or she had possession of the drug in the first place, such as if drugs were found in the supposed possessor’s automobile but were not placed there by the possessor, then it can be reasonably determined that the possessor did not intentionally “possess” the drug under the law, and therefore is not necessarily guilty of drug possession.
What Prosecutors Must Prove to Find You Guilty of Possession of Cocaine for Sale
Possession of controlled substance for sale is committed if it is proven that you are in possession of an illegal drug with the intent to sell it. The key to convict a defendant of possession for sale of cocaine is the intent to sell requirement. Your criminal defense attorney will emphasize that the intent to sell must be present and proven in order to be convicted of this crime. The prosecutor usually argues that the element “intent to sell” can be proven circumstantially based on the circumstances surrounding the charges:
1. Proving the amount of cocaine found was more than just for personal use
2. Evidence that the cocaine was packaged into several small bags or packets
3. Presence of scales or large amounts of cash
Call Wallin & Klarich Today
The criminal defense attorneys at Wallin & Klarich have over 40 years of experience successfully defending persons accused of violating California cocaine laws. We will fight to protect your rights.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.