What happens when you or a loved one has been arrested for possession of a controlled substance for the purpose of selling it?
Some of the questions that the person investigating your case, or your criminal defense attorney, may look at, is the other evidence to support that you were actually having that controlled substance for sale.
For example, were there scales, or zip lock bags accompanied with the controlled substance when they found it on you? Was there enough of a quantity of the drug in order to sell it? Was it divided in little baggies for sale? Did your phone have text messages with potential clients that you were selling these drugs to? Or did you keep a notepad, or some kind of memorialization of who owed you money and how much you’ve sold to people in the past?
If you are being charged with this type of a crime, there are a couple of defenses to consider. One is that you are actually using it for personal use, and not for sale. Two is that it wasn’t yours. Or three, the drugs were found on you through an illegal search and seizure.
There are a couple of other defenses that may apply to you. I strongly recommend that you speak to one of our experienced Oakland criminal defense attorneys, and if you have any questions, you can call our office. Our goal is to keep you informed.