The County of San Diego and the State of California prosecutes case involving the Possession for Sales of a Controlled Substance very seriously. Possession for Sales can involve Cocaine, Methamphetamine, Fentanyl, Heroin, or even prescription drugs such as Xanax. Possession for Sales can carry up to four years in prison. However, the time can be greater depending on the amount, how many charges are alleged, if a firearm was involved, and many other factors.
For 20 years, at Kern Law, APC we have aggressively defended clients charged with Possession for Sales. We attack the charges in a variety of ways: we challenge the investigation conducted by law enforcement; if the evidence was obtained in violation of an illegal search; were any statements unlawfully obtained in violation of your Miranda rights; and many other arguments that are case specific.
To find someone guilty of Possession for Sales, the District Attorney must prove the following:
- The person unlawfully possessed a controlled substance;
- The person knew of its presence;
- The person knew of the substance’s nature or character as a controlled substance;
- When the person possessed the controlled substance, they intended to sell it or that someone else sell it;
- The controlled substance has to be identified;
AND
- The controlled substance was a useable amount.
A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces are not usable amounts. However, a usable amount does not have to be enough in amount or strength to affect the person using the drug.
Contact Kern Law, APC, today to schedule a free consultation if you have been charged or under investigation for Possession for Sales.