Legal Question in Criminal Law in California

My question regards the specifics for Butte County California. My friend was pulled over by a marked police car for "not signaling a lane change early enough"- he used his directionals as he should have, but the police claimed he turned it on as he was making a lane change instead of the (unsure of actual law specifics) 15 feet beforehand. Presumably a reason just to pull the vehicle over; and searched the vehicle stating probable cause, for seeing what may have been a small amount (less than half a gram) of marijuana in the backseat. He had around 3200$ in cash on his person which was seized, and a jewelry scale that had residue of what the police assumed to be heroin. Their was part of a ripped sandwich bag under a seat with residue on it, which at most could have been .2 grams total of heroin. Two small plastic containers had traces of residue on them from preparation of a injection for personal use. The charges given were: Possession of drug paraphernalia; Possession of a controlled substance (the heroin residue); Sales of a controlled substance, and transportation of a controlled substance.
The money, his cellphone and laptop were taken as evidence, and his vehicle towed due to inability to secure the vehicle due to a broken triangle back window, even though pulled off the road.
This was all personal use contraband,not for sale, and the money was not from sales of drugs as they assumed. How likely is it that the charges for sales will hold up, as he had no quantity of heroin that would indicate sales, it was residue on 4 different surfaces. If one were to sell heroin, this is not how it would be discovered or packaged.
What are the specifics for transportation of a controlled substance, does go by the amount or weight of the drug in the vehicle?
He has one prior offence, about 4-5 years ago for sales of psilocybin; and completed probation successfully, without infractions.
Any insight on his argument for personal use would be appreciated.
Thank you!

Asked on 3/30/14, 3:18 pm

Greg Hill Greg Hill & Associates

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0 attorneys agreed

The police did not take the scale?

Transportation of a controlled substance does not depend on the amount or weight. The drugs here were found in a vehicle that was moving.

Your friend needs to have a credible explanation for all that cash.

Good luck.

Answered on 3/30/14, 5:27 pm

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