Legal Question in Criminal Law in California
Possesion of marajuana with intent to sale
I have been charged with intent to sale marajuana to my own brother by two policemen who claim they saw us do a hand to hand transaction from 40 yards away in thn middle of the night. My brother told the officers it was his but they said i sold it to him. I had one marajuana cigarette n my car and he had a small bag in his dpocket. Combined we had a total of only 0.75 grams. Neither of us have any record whatsoever. My question is what are the chanaces of these chdrges sticking to me in ca? Also the officer wrote in my arrest statement that i admitted to the crime which is fabricated but i dont knowhow to prove he is making this up. I never said a word after i was read my rights besides general information like ss# adress etc. From whdt i have described did the officer even have probable cause to search my car?
4 Answers from Attorneys
Re: Possesion of marajuana with intent to sale
You are obviously the smarter brother for not having said anything to the cops and not consenting to a search.
Depending on where you live, these ridiculously petty charges might or might not be filed by the DA. Obviously "intent to sell" takes an otherwise simple possession case to the next level. If you are in SoCal please feel free to call or write me directly.
Re: Possesion of marajuana with intent to sale
You need a lawyer immediately.
There is nothing inherently unbelievable about the officers' story. Their testimony, combined with the physical evidence, could easily support a conviction. The small amount of drugs involved is not relevant, since what matters is whether you sold them and not how much you sold.
The search of your car was probably legal as a search incident to a lawful arrest. I doubt the court would rule that the officers lacked probable cause after seeing the transaction.
An experienced lawyer may very well be able to find numerous arguable issues in your case. He or she might be able to negotiate a favorable deal for you, or even defeat the charges outright. You are not likely to be able to do either of these things on you own. Get a lawyer right away, and don't talk about the case with anyone else.
Re: Possesion of marajuana with intent to sale
Get represented if you want a chance of getting this reduced to an infraction or dismissed. Contact me directly.
Re: Possesion of marajuana with intent to sale
There is a lot of possible issues there that a dedicated and effective attorney should be able to use to get a good result in your case. With .75 gram, if this is the correct amount, reduction of charges to simple personal possession or complete dismissal should be possible. There are a lot of other factors involved including where exactly your case is, something which unfortunately you fail to mention.
Do the right thing and get a good lawyer. You do not deserve and absolutely do not want a possession with intent conviction on your record.
Call a few private lawyers. Feel free to contact my office for a non-binding consultation and check out the "Medical Marijuana" section of my website.
Best,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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