Cocaine is a narcotic substance. Criminal narcotics cases come in two main forms: Possession and Sales.

If you or a loved one has been charged with a crime, do not wait to retain legal counsel. Contact us for a free consultation.

Possession of Cocaine in California
In a possession of narcotics case, including marijuana, heroin, cocaine, ecstasy, or any other narcotic, the prosecution will operate under two theories:

1. Actual possession – Actual possession means that you are in control of the substance, that law enforcement found the narcotic on your person.
2. Constructive possession – Constructive possession is much harder to prove than actual possession. For example: You are in the car with three of your friends. You are pulled over, and your buddy Tony who is driving the vehicle, has some narcotic substance on his person. Law enforcement then charges everyone in the car with a narcotics possession under constructive possession. However, law enforcement and the district attorney must prove that you actually had possession of that substance or were able to manipulate and control it.

In any possession case, we work for one of three goals:

1. To have the case dismissed. This can be accomplished through motions, putting on a proper defense, and ultimately, you could have a trial.
2. Diversion. Most diversion programs would keep the charges off your record under California Penal Code 1000 or Proposition 36.
3. If diversion and acquittal are not options, you can request a rehab program to avoid jail time.

Cocaine Possession with Intent to Sell in California

Under certain circumstances, law enforcement may look at a drug possession case and try to upgrade it to drug sales case. One factor is indicia of sales. Indicia of sales may include a scale, quantities of cash, pay/owe sheets, or text messages where people are communicating drug sales in the content of the messages.

In these cases, the goal is to get back to the straight possession case by arguing that you are merely possessing the substance for your own personal use and the defense would return to an attempt for dismissal or diversion program.

If your case cannot return to straight possession, other defenses may come in to play. For example, in a marijuana case, you may be able to apply a medical cannabis defense under the compassionate use act or the medical marijuana program.

In either straight possession or sales case, the main thing that everyone should know is that from first contact with law enforcement, you need to invoke your right to remain silent and ask to have an attorney present for any questioning that takes place.

Contact Glew & Kim for a free consultation about your case, or learn more about specific charges on our narcotic offenses page.

To Protect Your Rights, You Must Know Your Rights.

When you are arrested for any crime, felony or misdemeanor, you need to remember these five commandments:

1. You have the right to remain silent- USE IT!
2. The Fourth Amendment of the United States Constitution guarantees your right to free from unreasonable search and seizure. Always request to see a copy of a search warrant and realize that if the police have no warrant they will seek your consent to search. If you give them consent you have waived your 4th amendment rights. This gives the police the discretion to invade your privacy.
3. You have the right to speak with an Attorney. If you ever in doubt as to any question or instruction given to you in the course of an investigation utilize this right.
4. You have the right to trial in most cases. Many Lawyers go to great lengths to avoid taking their cases to trial, perhaps reassigning them to associate attorneys or hastily recommending guilty pleas. WE WILL TRY YOUR CASE!
5. You have the right to be free from unreasonable bail. Always consult with an attorney before posting bail to determine the reasonableness of bail. Remember, you are entitled to a bail hearing.

Download our Miranda Rights response card in case of emergency

Typical criminal charges we defend: (Are there shorter/more common ways to word any of these?)

• Possession of a controlled substance California Health and Safety Code Section 11350
• Possession with intent to distribute California Health and Safety Code Section 11351
• Possession of crack with intent to distribute California Health and Safety Code Section 11351.5
• Selling, transporting, administering, giving away, furnishing, a controlled substance California Health and Safety Code Section 11352
• Possession of marijuana and concentrated cannabis California Health and Safety Code Section 11357
• Selling, transporting, administering, giving away, furnishing, synthetic marijuana California Health and Safety Code Section 11357.5
• Cultivation of marijuana California Health and Safety Code Section 11358
• Possession of marijuana with intent to distribute California Health and Safety Code Section 11359
• Selling, transporting, administering, giving away, furnishing marijuana California Health and Safety Code Section 11360
• Using a minor to transport, carry, sell, or give away marijuana California Health and Safety Code Section 11361
• Planting, harvesting, cultivating, or processing Lophophora or peyote California Health and Safety Code Section 11363
• Possession of a device used for smoking or injecting a controlled substance California Health and Safety Code Section 11364.1
• Selling or displaying drug paraphilia to a minor California Health and Safety Code Section 11364.5
• Selling, furnishing, or manufacturing drug paraphilia and selling, furnishing, or manufacturing drug paraphilia to a minor California Health and Safety Code Section 11364.7
• Visiting or being in a room where controlled substances are being smoked, and aiding in the preparation of unlawful smoking of controlled substances California Health and Safety Code Section 11365
• Maintaining a place for the purpose of distributing controlled substances California Health and Safety Code Section 11366
• Making available for use a place where controlled substances are manufactured, stored, distributed California Health and Safety Code Section 1136.5
• Making available for use a place for the sale of cocaine, heroin, amphetamine, methamphetamine, PCP or LCD which has been fortified to deny law enforcement entry California Health and Safety Code Section 11366.5
• Utilizing a space designed to deny law enforcement entry for the purposes of manufacturing, selling, or possessing crack cocaine California Health and Safety Code Section 11366.5
• Utilizing a space designed to deny law enforcement entry for the purposes of manufacturing, selling, or possessing crack cocaine California Health and Safety Code Section 11366.6
• Selling a chemical, drug, apparatus or device with knowledge that it will be used to create a controlled substanceCalifornia Health and Safety Code Section 11366.7
• Possession or use of a false compartment with intent of storing, concealing, smuggling, or transporting a controlled substance California Health and Safety Code Section 11366.8
• Felony possession of any crack cocaine, heroin, methamphetamine, heroin, PCP, while in possession of an operable firearm California Health and Safety Code Section 11370.1
• Knowingly receive or acquire proceeds or engage in a transaction involving proceeds known to be derived from unlawful sources with intent to conceal proceeds or their source California Health and Safety Code Section 11370.9
• Driving under the influence California Vehicle Code Section 23152
• Drug diversion program California Penal Code Section 1000