Legal Question in Criminal Law in California

Re: Hs11379(a) hs11378

Prove it? By properly defending the charges using the facts and evidence available. The quantity, and the purpose/intended use, are factors to be used, proved and argued. You'll need witnesses and evidence to support your contentions.

The arrest itself is likely to be charged as a parole violation that has to be opposed as well.

Feel free to contact me if you decide you need professional help with this.

Re: Hs11379(a) hs11378

Unfortunately, the court is probably not going to split hairs over whether this was "personal use" or "sales." If you do meth, nobody is going to care what happens to you, or whether the scale you were caught with is really for measuring excess postage.

Re: Hs11379(a) hs11378

Without more facts I cannot be specific, but genrally speaking,

Existing case law re: transportation

(it moved) vs. possession for sale (intent?) vs. simple possession will not persuade a Court/DA that the facts are only a possession. Quality lawyering may. Not every juror will "just accept" a theory that the contraband was for sale....especially important is a persuasive argument that the "transportation" was mere transportation for personal use and drug treatment would even be an option...warning...this may depend on what the PO does, as if the client is returned to prison...they are unavailable for treatment...... perhaps negotiate into treatment with PO approval gained first.

The OC can be tough.

Best

DJM