Have you been charged with Health & Safety Code Violation 11378?
Health and Safety 11378 is possession of a controlled substance with the intent to sell. Fresno criminal defense Attorney Adam Rodriguez has the necessary experience to advocate on your behalf. Much like H&S 11351, the difference between a conviction for sales and simple possession can be very slight. A conviction for simple possession will allow an individual to participate in various drug related programs, most of which upon successful completion will allow the individual to have the matter dismissed.
Often times individuals who were not even found with any substance on their person will be charged with either possession or possession for sales. This may seem absurd and sometimes it is, however, under California law two people can possess something at the same time. If you find yourself wrongfully accused of this crime contact Fresno Criminal Defense attorney Adam Rodriguez.
How do they prove you are guilty of possession for sales?
The district attorney will have to prove:
1. Defendant exercised control over, or purchased from another a controlled substance
2. Defendant knew of its presence
3. Defendant knew of its nature as a controlled substance.
4. The substance was in a useable amount sufficient to be used for sale or consumption.
5. Defendant possessed or purchased the controlled substance with the specific intent to sell same.
What the consequences of Health & Safety Code Violation 11378?
If a person is convicted of H&S 11378 the consequences could vary greatly depending on the specific facts of the case and the defendant's criminal history. Generally, if a person is convicted of H&S 11378 they could receive 16 months, 2 years, or 3 years of custody time.