Possession of a Controlled Substance with Intent to Sell |HS 11351
1. unlawful possession of controlled substance, 2. knowledge of its presence, 3. knowledge of the substance’s nature or character as a controlled substance, and 4. the controlled substance was in a usable amount, and 5. intent to sell Note, the sale of narcotics is not a necessary element of the crime. A suspect may still be convicted of this crime even if there were not any sales or transactions of narcotics. The prosecutors will focus on several factors in determining whether to charge a suspect with a simple possession of narcotics or possession with intent to sell. Factors:
Defenses. An experienced attorney may raise several defenses on your behalf. There could have been a lack of control or possession, momentary possession, lack of knowledge, valid prescription, or failure to follow police procedures. Can you be charged with H&S 11350 if you did not know of the drugs presence? No, the second element (see above) requires you to have knowledge of the drugs presence. For example, you borrow your friend’s car to drive to work. You are stopped for a simple traffic violation. While being cited, the police officer asks you for a permission to search the car’s trunk. You consent to the search because you believe the trunk is empty. You did not put anything in the trunk and never even opened it. The police finds marijuana stashed in the trunk. You will not be convicted of this crime because the prosecution will be unable to prove the knowledge element. Can I be convicted of possession of a controlled substance with intent to sell for prescription medication? Yes. The statute encompasses both legal and illegal drugs. You can be convicted, if you are possessing (with intent to sell) a legal prescription drug without a valid prescription from a licensed doctor. If you have been charged with a crime, please call us at 619-357-6677
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Delicino & Vialtsin, LLP answer general legal questions emailed to us on this blog. Feel free to send us YOUR question by email. Please do not email us confidential or time sensitive information, but call 619-357-6677 The answer suggested here is for general information ONLY and not to be construed as a legal advice. Further, the Q & A does not establish an attorney-client relationship with Delicino & Vialtsin, LLP. Anton Vialtsin Google+