Legal Question in Criminal Law in California

drug posesion charges

how many grams of coke does a person need to have on them to be charged with an intent to sell?


Asked on 7/10/09, 1:09 am

5 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: drug posesion charges

While it takes a certain threshold amount before someone is *presumed* to have an intent to sell, it is possible to intend to sell even a small quantity. Many defendants have been convicted of possession with intent to sell despite having very small quantities on them when arrested. After all, people who have a single dose on them may still want to sell it rather than use it themselves. Also, a dealer who started with a large quantity and is down to his last dose may still be trying to sell that dose when arrested.

The bottom line is that there is no minimum amount needed to justify this type of charge.

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Answered on 7/10/09, 1:24 am
David M. Wallin Law Offices OF David M. Wallin

Re: drug posesion charges

There is no hard and fast rule on that. Sales cases are based on 1 or more of several factors....amount...packaging.. Scales...surveilance of conduct before arrest...background of defendant. A charge of sales could be based on weight alone or a combination of factors. I hope you have a good lawyer. Best of luck. David Wallin at www.wallinlaw.com

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Answered on 7/10/09, 1:24 am
Terry A. Nelson Nelson & Lawless

Re: drug posesion charges

Not much. You can be charged, regardless of amount. Conviction would depend upon the facts and evidence produced. Now, if you are serious about defending the charges, and if this is in SoCal courts, feel free to contact me.

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Answered on 7/10/09, 1:26 pm
Terry A. Nelson Nelson & Lawless

Re: drug posesion charges

Not much. You can be charged, regardless of amount. Conviction would depend upon the facts and evidence produced. A small amount would open the door to a negotiated deal and reduction of charges, or a good defense at trial. Now, if you are serious about defending the charges, and if this is in SoCal courts, feel free to contact me.

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Answered on 7/10/09, 1:26 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: drug posesion charges

Possession with intent to sell is usually charged when there is some additional evidence of sales, such as lots of cash, baggies, packaging materials, scales, multiple cell phones, ledgers, etc. If the coke is the only evidence, and the amount was equivalent to something which someone normally buys for personal consumption, such as a single 8 ball, the case is fully defensible. Call around and get a good lawyer.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 7/10/09, 8:41 pm


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