Legal Question in Criminal Law in California

Re: drug laws in CA.

What matters is whether the defendant planned to use the drugs himself or to ditribute them. There is no rigid checklist of factors to consider. Instead, the jury will evaluate all of the evidence and decide what it believes beyond a reasonable doubt.

Keep in mind that even a defendant caught with a single dose of a drug can be guilty of possession for sale if he was going to sell it rather than use it himself. The physical evidence in such a case might look exactly like that in a simple possession case, so other evidence -- like testimony that the first defendant had offered to sell his limited supply -- would be what distinguished the two scenarios.

Re: drug laws in CA.

Quantity and status of the drugs determine the DA's charges and the outcome in court. Simply knowing that is going to do you what good? Unless you are competent to handle the case defense, get counsel. The need to ask the question indicates you are not aware of any of the rules and procedures. Feel free to contact me if interested in getting representation.

Re: drug laws in CA.

There is no one perfect answer, and much depends on the "philosophy' of the local DA office. "Intent" to '''is very hard top know unless the subject is observed selling. admits to selling etc...but, mere quantity or packaging may be enough...depends on the jury selected.

Best' DJM

Re: drug laws in CA.

Obviously if one were charged with possession-with-intent one would need to hire a lawyer.

That said, factors that would tend to prove "intent" include:

Large quantities inconsistent with personal use;

Evidence suggestive of dealing activity, such as:

Packaging material (for example baggies, empty capsules, trash compactors, semi trucks);

Ledger books or "pay/owe" notes;

Weapons;

Bindles of money, bill wrappers, and counting machines;

Scales;

Phones or pagers with large numbers of incoming calls; and

Witnesses, such as the undercover cop you sold to, your cellmate, or your ex.