Orange County Possession for Sale Lawyer
Free Consultations for the Arrested in Orange County, Riverside, San Bernardino & Los Angeles
At the Law Offices of Randy Collins, we have encountered many cases that should have been a simple misdemeanor of possessing controlled substances – only to suddenly evolve into a more serious accusation of “intent to sell.” Prosecutors are eager to convince the judge and jury that a minor infraction, often an accidental case of being in the wrong place at the wrong time, was supposedly a covert operation of illegally selling drugs.
The instant you are accused of distributing or delivering drugs like meth, marijuana, cocaine, or heroin, or even accused of simply desiring or intending on selling drugs, you are in for a difficult journey. The only way to protect yourself from the unfortunate bias that often appears in the court system is by gaining the support of our possession with intent to sell lawyers in Orange County.
Arrested for possession for sale? Don’t risk your future—get the defense you need. Contact us at (844) 285-9559 for a free consultation today!
What Counts as an Intention to Sell?
From the standards written in the California Health and Safety Code, an attempt to sell or distribute controlled substances automatically counts as a felony, meaning that the penalties if you are convicted are much higher than a simple misdemeanor.
Some examples of cases where the prosecution will make a claim that you were intending to sell drugs include instances where:
- The amount of substance in possession of the individual appears to be much larger than a single person could typically use
- The defendant is also found with a set of scales that could be utilized to weigh drugs
- There is a great amount of cash found at the scene simultaneously
- The defendant is in possession of several smaller bags which could be used to divide the drugs into distinct quantities for sale
Despite these guidelines, there is no exact amount or weight of a controlled substance that needs to be present in order to prove that a defendant was actually intending to sell a drug. This can be very tricky to prove, since the charge is up to the arresting police officer, who bases the arrest entirely on his or her opinion of what is a “large quantity.”
Common Defenses Against Possession for Sale Charges
If you are facing possession for sale charges, there are several legal defenses that may apply to your case. A skilled attorney can challenge the prosecution’s claims in the following ways:
- Lack of Intent to Sell – Just because someone has a certain amount of drugs does not mean they intended to sell them. If the drugs were for personal use, the charge could be reduced to simple possession, which carries less severe penalties.
- Unlawful Search and Seizure – The Fourth Amendment protects you from illegal searches and seizures. If law enforcement officers conducted a search without a proper warrant or probable cause, the evidence may be thrown out.
- Entrapment by Law Enforcement – If the police or undercover agents pressured or tricked you into committing a crime that you otherwise wouldn’t have, it may be a case of entrapment, which is a valid legal defense.
- Insufficient Evidence – The prosecution must prove beyond a reasonable doubt that you intended to sell the drugs. If they lack strong evidence, such as witness testimony or clear proof of distribution, your attorney can argue for a case dismissal or reduction in charges.
Differences Between Simple Possession and Possession for Sale
Understanding the distinction between simple possession and possession for sale is crucial because the penalties are significantly different:
- How Prosecutors Determine Intent to Sell:
- Large quantities of drugs may suggest intent to sell.
- Items like small baggies, scales, or large amounts of cash can be used as evidence.
- Witness statements or undercover operations may be used against you.
- Key Differences in Charges:
- Simple possession is usually charged as a misdemeanor, whereas possession for sale is a felony.
- Intent to sell charges often carry mandatory jail time, while simple possession may allow for drug diversion programs.
The Consequences of a Conviction
A possession for sale conviction can have serious long-term consequences, including:
- Jail Time and Fines – Felony convictions can result in several years in prison and hefty fines depending on the drug type and quantity.
- Impact on Employment – A drug-related felony can make it difficult to find a job, as many employers conduct background checks.
- Immigration Consequences – Non-citizens convicted of possession for sale may face deportation, visa denial, or green card ineligibility.
If you’re facing these charges, an experienced attorney can help fight for your rights and work toward the best possible outcome.
Defense Against Intention to Sell Charges in California
Because a prosecutor must prove beyond reasonable doubt that you were truly intending to sell a drug, rather than merely using it recreationally in minimal amounts on your own, our skilled lawyers can often decrease the severity of the charge and penalty.
WHY WE'RE THE RIGHT CHOICE
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Over 45 years of Collective Experience
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Thousands of Cases Successfully Handled
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Former Deputy District Attorney
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Impressive Track Record of Results
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Highly Respected by Peers and Clients
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Free Initial Consultation
GET DEFENSE FROM AN AWARD-WINNING TEAM OF ATTORNEYS
Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".
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