The amount of controlled substance is an important factor that prosecutors take into account when deciding how to charge possession with intent to sell controlled substances. The amount of the drugs found can be evidence of intent to sell if the amount possessed is far beyond the capacity for personal use.
Weight, however, is only one factor. The District Attorney will also consider where the drugs were located, whether and how they were packaged, the presence of scales and packaging materials, the presence of large amounts of cash in multiple denominations, and the frequency of visitors to the alleged sales location.
Evidence in drug sales cases can be gathered through a stake-out where officers place a location or a specific person under surveillance or through informants or undercover police officers who arrange for drug purchases. Each of these methods carries with it defense strategies to defend against the charges.
How evidence is gathered is often the root of a variety of defenses that can be raised against a charge of possession with intent to sell a controlled substance. Arrests made as a result of a stake out, use of an informant, or purchase by an undercover agent raise important issues of fairness and possible abuse of authority.
Was a search or arrest warrant necessary? Did the search or arrest conform to the limitations of those warrants? A search or arrest warrant requires the investigating officer to submit a sworn affidavit to a judge for review to ensure that there is enough evidence to support a charge of illegal activity, justifying the search or arrest. There are also time constraints placed within search and arrest warrants. All of these specifics must be strictly observed by police.
Was the informant’s testimony tainted by promises of non-prosecution or lesser sentencing? When informants are trying to stay out of jail themselves, they often fabricate stories that diminish their role in criminal activities and exaggerate the roles of others. A proper defense will explore the motivations of any informants.
Did the police action rise to a level of illegal entrapment? Although difficult to prove, sometimes police action rises to a level of illegal entrapment. Entrapment means that the police ensnared the defendant into a criminal activity that they would not have engaged in otherwise.
Only an experienced Orange County drug possession for sales lawyer who knows the criminal justice system and all of the participants, i.e. police, district attorneys, and judges, can adequately demand full discovery and transparency of the prosecutor’s case. An experienced criminal defense attorney will then analyze the evidence obtained to find the strengths, and weaknesses, in the prosecutor’s case.
This global assessment of your case and the participants needs to occur early in the prosecution so that testimonial defense evidence can be gathered and preserved while it is still fresh and the integrity of physical evidence remains. A realistic assessment made by an experienced drug possession for sales lawyer can determine whether, and when, negotiations with the district attorney might result in a lesser charge, with or without jail or prison time, or whether a jury trial is the best way to move forward and defend against the charges.
The attorneys at The Law Offices of Bryan R. Kazarian have the experience to walk you through the complex legal process and defend you to the fullest extent of the law. If you or a loved one have been charged with drug possession for sales, your best defense is to retain a lawyer from The Law Offices of Bryan R. Kazarian to fight for your rights and freedom. Contact us at 855-918-4253 for a case evaluation.
Arrests and indictments on drug possession for sales make for good press on local media. Police and prosecutors are often represented in the media surrounded by piles of illegal drugs, weapons, and assurances that another drug dealer is off the streets. However, mistakes and overreaching are more common than police or prosecutors like to admit. Most arrests and searches require warrants with demonstrable probable cause reviewed by a judge. Exceptions to the warrant requirement are narrow and specific. Legal searches require meticulous attention to how any physical evidence is gathered and preserved. The drugs must be tested to show that they are indeed illegal. Confessions or statements against interest must be examined under the circumstances in which they were obtained.
To effectively claim that evidence or statements were illegally seized or obtained requires filing pretrial motions on a schedule set by the judge. Successfully suppressing evidence or statements before trial can force a prosecutor to reassess the strength of the case, engage in plea bargaining, or dismiss the charges altogether. This is where an Orange County drug possession for sales lawyer with extensive current knowledge of the criminal justice system really makes a difference.