- Possession For Sale, Sales, Attempts
- Meth Possesion Less Than Ounce
W/Intent to Sell
- Cultivation and Sales
- Distribution and Conspiracy to Violate
Any Drug/Narcotic Laws
- Trafficking and Manufacture of Methamphetamine
and/or Possession of chemicals (i.e. Ephedrine or Pseudoephedrine)
for Manufacturing, purifying, etc.
Drug offenses are one of the most
widely prosecuted crimes in California courts. These
crimes also make up a large percentage of cases in the
Federal courts. The quantity and purpose of possession,
such as possession for sale rather than possession for
use, determine the range of punishment. David Billingsley
is one of the top criminal defense lawyers in California
and will represent you expertly and aggressively.
Generally, these cases are often defended by making a motion in court
to suppress the evidence based on lack of a warrant, or lack of probable
cause. These motions are called “suppression motions,” or “PC1538.5
motions” in California. They are argued when there is a violation
of the person’s Fourth Amendment rights. When these motions are
granted in a drug case, it almost always results in the case being
The prosecution must also prove each
and every essential element of possession. If the prosecutor
cannot prove each of the following, the defendant is
not guilty. The elements are:
- Dominion and Control of the substance.
Mere presence at the scene is not sufficient.
- Is a quantity usable for consumption
- Possession for sale also requires
a specific intent to sell it.
- Knowledge of its presence.
- Knowledge of its restricted dangerous
The consequences of a conviction for drug offenses ranges from probation
to lengthy prison sentences, depending on the type and quantity of
drugs, and the person’s prior criminal record.
In California, both PC1000 and Prop
36 offer diversion, which allows the accused to complete
a drug program. Once successfully completed, the drug
charge is dismissed. The defendant thus gets a new start
on life, free of any criminal record.