Former Narcotics Prosecutors Now Los Angeles Possession for Sale Attorneys
When criminally charged for drug possession, it is important to realize that there are two separate kinds of possession, which will carry two different penalties. If it is determined that you have possession of a controlled substance for personal use or “simple possession”, the penalties you face would be less severe compared to allegations that you were in possession of a controlled substance with the intention of selling.
Determining intent in a Los Angeles possession case
So how is your intention determined? There are actually several different ways in which law enforcement and prosecutors will determine the intentions behind the drug possession. Although this is not formal, there are several factors that will be taken into consideration:
- Quantity – This is very simple. If you have more drugs than what is deemed normal for personal use, this will lead law enforcement to believe that you had intentions to sell it. There are, however, defenses against this. For example, many will “buy in bulk” – quantity is not enough to determine a defendant had intentions to sell.
- Packaging – If the drugs are separated and packaged into little quantities, such as if they were put into little bags, this could be evidence that you had intentions to sell each grouping.
- Drug Paraphernalia – The possession of drug paraphernalia is a separate offense, however, if there is evidence that paraphernalia has been lying around it could be evidence to prove that the drug was for individual use – not for sale.
While one of the above alone cannot be decisive evidence to prove your intentions, several together could form a foundation of a case. If you have been accused of possessing drugs, especially if it has been determined that it was actual possession, it is highly encouraged that you contact a knowledgeable criminal defense lawyer to help protect your future.
If you cannot successfully get the charges dismissed, it could be possible for the penalties to be reduced. For example, if you were found to be under the influence of the drugs, it could be used as an argument that they were for personal use – not with the intentions of selling. While this could still lead to criminal charges of possession or even being under the influence of a controlled substance under §11440 of the Health and Safety Code – these are minor penalties in comparison.
In some cases, your lawyer may not be able to avoid conviction or even a reduction in charges, but they could fight for eligibility in a drug diversion program instead of incarceration. For this reason, it is extremely important that you get a competent and heavyweight lawyer in your corner to help you fight for the best outcome for you personally – looking at all of the evidence and striving to help defend your best interests.
Experienced drug attorney serving Southern California
At Takakjian & Sitkoff, LLP, our legal team has experience dealing with all areas of criminal law. Should you choose to work with us, you will be able to be confident knowing that every avenue of defense will be explored. We recognize what is on the line and we will exhaustively fight to help you defend your best interests. We have experience as former prosecutors and bring to the table a full-bodied understanding of the law. As we know both sides of the courtroom, we are able to understand the mentality of our opponents and decipher their way of thinking. This “insider’s advantage” can give you the edge that you need in court – and can be ultimately used to help you defend your freedom against the possibility of conviction.