What to Do If You’re Charged with Selling Illegal Drugs in California
If you’re charged with selling illegal drugs in California, there is a good chance that your life will change forever. This is a criminal offense and you can experience severe consequences as a result.
What You May Be Facing for Selling Illegal Drugs in California
If you are convicted of trafficking or selling illegal drugs in California, you could indeed face serious consequences, some of which include the following:
- A lengthy prison sentence
- Expensive fines
- Mandatory drug treatment or classes; and
- The inability to find a job or an apartment after release from prison.
For this reason, it is crucial to understand your options if you are arrested for selling drugs in California. You’ll also need to speak with a criminal defense lawyer who has direct experience in defending drug charges.
At this point, your future, no doubt, can look pretty bleak. Not only do you face the probability of going to jail and having a criminal record, but employers, landlords, and colleges will see it on background checks. Drug crimes are difficult, as the repercussions are both serious and long-lasting.
What is the legal definition of “selling” illegal drugs?
Selling drugs means that you gave or sold drugs to someone else in return for money. You may also have been caught with drugs in your possession. That means you could have been found with drugs in your home or car or caught with drugs on your person.
If the police find drugs in your possession or near you, they may charge you with drug possession with intent to sell. An intent to sell drugs carries heavier penalties than if you’re arrested for possessing drugs that you’re using.
Possession of a Controlled Substance for Sale: Some Examples
In fact, things can get quite complicated when you’re arrested, with the possession of a controlled substance for sale. This common indictment has to do with California Health and Safety Code 11351.
Example #1 – When You Can Avoid a Conviction
For example, you cannot be convicted of this type of charge if you had no knowledge of the drug’s presence. Let’s say that you borrowed your friend’s truck and got pulled over for speeding. During the stop, the police ask permission to search the trunk.
When the police search the trunk, they find a large amount of heroin in several baggies. While you may have had control over operating the car and, technically, had constructive possession of the drug, you still cannot be convicted. If you only borrowed the truck and did not know about the drugs, your defense lawyer can help you beat the drug charge.
While constructive possession means the police found drugs in a nearby area (but not on you), actual possession means that law enforcement officials discovered drugs on your person – in your hands, for instance, or in the pocket of a jacket or your slacks.
Example #2 – Possession for a Controlled Substance for Personal Use
Unfortunately, if you had possession of a controlled substance for personal use, you can still be charged with an intent to sell if the prosecution can show evidence to support the charge. In this case, the prosecution will consider how much of the drug you possessed, whether it was packaged in baggies or a container, or if you had drug paraphernalia or a large sum of cash.
Example #3 – The Sale of a Prescription Drug
You can also get convicted if the controlled substance for sale was a prescription. Possession of controlled substances for sale may include illegal narcotics, such as cocaine, as well as various legally prescribed drugs. That’s why you need to figure out a defense strategy with an experienced criminal defense lawyer.
A Charge for Selling Illegal Drugs in California: What Does It Mean?
If you’re charged with selling drugs in California, you are accused of knowingly selling or distributing controlled substances. This can result in a felony conviction. Again, if convicted, you face severe consequences, including a lengthy prison sentence, steep fines, and a criminal record that will haunt you for the rest of your life.
The exact charge may depend on the facts of your case and the quantity and type of drugs involved in the sale. California drug laws are strict and it is important to seek legal guidance from an experienced drug crimes defense attorney as soon as possible.
Defense Strategies for Selling Drugs in CA
While defenses vary, depending on the offense, you may be able to beat a charge if you did not know you were in possession of the drug, the police did not use the proper procedures during the arrest, or you were coerced into selling the illegal substance.
Contact a Criminal Defense Lawyer Without Delay
If you’ve been charged with selling illegal drugs in California, now is the time to start preparing a defense. The consequences of a conviction can be severe and can follow you for the rest of your life. That’s why you need to take action now to protect your future or career.
Start by speaking with an experienced drug crimes defense attorney. Your attorney can review the facts of your case, help you understand your options, and build a strong defense on your behalf. In California, start by calling Jance M. Weberman at (213) 386-9100 today. The sooner you take action, the easier it will be to proceed with your case.