Legal Question in Criminal Law in California
If someone is accused of drug sales how do they determine that charge if their are just drugs present and no scale or separation?
Asked on 12/15/10, 4:53 am
1 Answer from Attorneys
Joe Dane
Law Office of Joe Dane
In a sales case, they have to prove an intent to sell or distribute. Usually, they look for the other things associated with sales - scales, baggies, pay/owe sheets, etc. Without that, they may go on the sheer volume alone.
Whatever they're trying to use to prove the case, they still have to be able to prove beyond a reasonable doubt that any drugs were possessed with the intent to sell them. An attorney is going to have to review all the facts and reports, not just whether or not there's a scale.
Answered on 12/20/10, 10:58 am
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