Legal Question in Criminal Law in California

Re: poss 4 sale?

Proof of sufficient quantity in your possession is all that is required. Presumably, you got caught with it, so 'tag, you're it', unless you can defend and win at trial on the facts, somehow proving it didn't exist, etc., or somehow getting the evidence suppressed on 'mistakes' by the police. Priors will enhance your 4 year mandatory minimum prison time under the 3 Strikes rules. Sounds like you need to hire a good attorney to try to cut a deal on this case, based on the facts and your willingness to try it. Feel free to contact me if you do.

Re: poss 4 sale?

Your question is vague enough to have garnered such different responses.

If you do indeed have strike priors, or sales priors, they will enhance your sentence in different ways, neither of which requires a plea automatically. I took your question to mean that you had sales priors qualifying under H&S 11370.1. Those add 3 years to any prison term, unless stricken.

Perhaps more germane to your question, quantity alone can sometimes be sufficient to convict, but you also want to look at other factors such as packaging, pay/owe sheets, the nature of a person's habit, etc. when evaluating a possession for sales case. I was deemed a certified criminal law specialist by the California State Bar and have worked on a great deal of sales cases. Feel free to contact me if you wish to discuss your case.

Re: poss 4 sale?

The state has to prove simply possession with intent to sell. The quantity is relevant to intent. Priors only admissible for impeachment purposes.

Please contact me for your free consultation.

Re: poss 4 sale?

Quantity may be enough, better to attempt to get it reduced or excluded. Priors enhance the sentence. Call me directly at 16192223504.