Legal Question in Criminal Law in California

They HAVE a case against you. You were arrested on it. Whether you can be convicted is a different question.

You'll get your money [the "evidence"] back, if at all, only when the case is over, and then only if you are not convicted or plea bargained.

When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential jail, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. Your version and interpretation of the facts is not the only evidence or testimony to be presented in the case. The police and DA version is going to sound noticeably different. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

You asked this question last week, and I answered it. What I said then is just as true now:

"People who don't have drugs on them at the time of arrest can still be charged with possessing them and with related offenses, including possession for sale. The prosecutor will have to prove his case beyond a reasonable doubt. That's harder to do when the defendant isn't caught red-handed, but often it is still possible.

"Bear in mind that possession for sale does not require a large quantity of drugs. If you had just a single, small dose but intended to sell it, that would be enough.

"The evidence you recite is almost certainly not all that the authorities have. If it was, you probably would not have been charged. You should assume that they have more. And you should get a good defense attorney ASAP."

Very few people who aren't in the drug business carry sensitive, residue-coated digital scales with them in their cars. The large amount of cash in your pocket -- which you didn't mention last time -- bolsters the prosecution's case. And as I said before, there is probably other evidence you don't know about.

This doesn't mean your case is hopeless. You may be able to beat these charges. But you will need a good defense attorney to help you do it. Go out and get one *now*. If you can't afford to hire one, rely on the public defender. Either way, stop seeking advice online from people who know very little about your case and start relying on your own lawyer.

Good luck.

Just to add to Mr. Nelson's comment even if you win the case the government may move to forfeit the money and then you will have to sue the state to get the money back.

They have to prove it was a usable quantity. Will they scrape every bit together to meet that amount? You bet. Will that be enough to prove sales? It depends on ALL the evidence.

11379 is either sales or transportation. If it is transportation for personal use, you may still be eligible for a program. 11378 is possession for sales - tough to make on a residue case.

Bottom line? Time for a lawyer.