Legal Question in Criminal Law in California

They would have to be able to prove you had a useable quantity of a controlled substance and that you had the intent to sell it. The scale hurts, but if it was just residue and the only message request was declined by you, you have a decent defense.

Obviously, it won't be a do-it-yourself project. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

Yes. People who don't have drugs on them at the time of arrest can still be charged with possessing them and with related offenses, including possession for sale. The prosecutor will have to prove his case beyond a reasonable doubt. That's harder to do when the defendant isn't caught red-handed, but often it is still possible.

Bear in mind that possession for sale does not require a large quantity of drugs. If you had just a single, small dose but intended to sell it, that would be enough.

The evidence you recite is almost certainly not all that the authorities have. If it was, you probably would not have been charged. You should assume that they have more. And you should get a good defense attorney ASAP.

You can be 'charged' with anything the police and prosecutors want. Conviction is a different question.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.