Fighting Charges For Possession Of Drugs With Intent To Sell
The prosecution must prove beyond a reasonable doubt that you did in fact possess the drugs for the purpose of selling them. Your attorney will review the evidence against you to help you build a strong defense. The following 3 defenses may be used as part of your defense strategy.
KnowledgeYou did not know about the drugs, or did not know that the drugs were controlled substances. For example, you purchase an old dresser from a flea market and have no idea that taped to the underside is a quantity of heroin. You have never seen heroin before, so you had no idea that what was found was a controlled substance.
AmmountYou do have a controlled substance, but you never intended to sell it. For example, you have more Vicodin than what your prescription allows. You never intended to sell the pills, you only wanted extra pills in the event you are not able to get more in the future (i.e., you are about to lose your insurance and you have chronic pain). Another possible defense is that you were only "momentarily" in possession of the drugs and intended to get rid of them.
Illegal Search & SeizurePolice officers make mistakes and those mistakes can work to your benefit. If police officers violated California search and seizure laws, then the charges against you could be dismissed or reduced. Examples of these type of violations include: (I) Being stopped by police without probable cause; (II) If the police had no good reason to stop you, then any drugs they found during that stop should not be used as evidence against you; (III) Officers did not have search warrant but searched for drugs or evidence anyway; AND/OR (IV) Officers conducted a search that went beyond the scope of the search warrant.