Have you been charged with Health & Safety Code Violation 11351 in Merced, Fresno or Madera County?
Health and Safety Code 11351 is possession of a controlled substance for sale. Attorney Adam Rodriguez has the necessary experience to advocate on your behalf.
Often times Police Officers incorrectly label personal possession as sales. This wrongful interpretation can leave many users facing serious consequences. Of course our society views drugs sales in a much more negative light than simple possession, this negative view translates into more custody time and the denial of drug related programs. In order to find someone not guilty of possession for sales you will need an attorney that understands what facts are needed to move your case from sales to simple possession
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 usable 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 are the consequences of Health & Safety Code Violation 11351?
If a person is convicted of H&S 11351 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 11351 they could receive, 2 years, 3 years or up to 4 years of custody time.
*the law has changed pursuant to proposition 47 regarding certain simple possession drug crimes, if you believe you may qualify under proposition 47 for either your current case or a previous case then contact an attorney.