Legal Question in Criminal Law in California
possession for sales of meth. that was said to be in vehicle. No scale or baggies. but I did have 493.00 on me from my car i sold. Can I still be charged with sales? I got the money back and released?
4 Answers from Attorneys
You don't provide much information. But Penal Code Section 11378 covers both transportation of methamphetamine and sales. Yes, as long as it is within the statute of limitations you can be charged.
The prosecution can charge anyone with a lot of things ... whether it stays on the record at the end of the case may be another matter. Find a good attorney who regularly practices in the court in which the case will be heard. If you cannot afford one, you can apply for one to be appointed. Good luck!
Of course you can be charged. Whether you *should be* charged is another question. And the likelihood that you will be convicted is still another.
There are a variety of ways to prove that a defendant possessed drugs with the intention to sell them. Showing that he also possessed a scale and baggies is just one way. Proof that he offered to sell a dose or two is another -- and it doesn't require evidence that he ever had large quantities of the drug.
I would need to know what evidence the government has before I could assess your chances.
Can you? Of course.
Whenever threatened, arrested or charged with any crime, �what can you do�? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] is to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the details of the case except through an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.