Based on our strong track record defending Californians charged with drug sales, our defense attorneys have been successful protecting many clients’ constitutional rights, freedom and futures.

When Will A Drug Possession Case Become A Drug Sales Case?

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. This will allow for a defense focus of one of three goals:

1. To have the case dismissed through negotiations with a prosecutor or at trial.
2. Diversion through programs that can keep the charges off your record under California Penal Code 1000 or Proposition 36.
3. If diversion and acquittal are not options, a rehab program that may allow you to avoid jail time.

Potential Defense Strategies

If your case cannot return to straight possession, other defenses may come into 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.

If you or a loved one has been charged with drug possession, sales, trafficking or any related crime, do not wait to retain legal counsel. Contact us for a free consultation with a lawyer at our Santa Ana-based defense firm.