Possession for Sale of a Controlled Substance Lawyer in Riverside, California

California treats the sale of drugs as a serious offense. At the Law Office of Gregory H. Comings, APC, we provide tough and experienced legal representation to people facing all types of drug offenses throughout Riverside and the surrounding Los Angeles County area. Attorney Comings appreciates the uncertainty clients feel when charged with a criminal violation, and he remains committed to providing effective and efficient defense. In California, you do not have to be caught in the act of selling drugs to be convicted of possession for sale of a controlled substance.

In fact, the prosecution can rely on circumstantial evidence to show that you intended to sell the drugs. As a felony, this offense can lead to imprisonment and serve as a strike on your permanent record. For more than two decades, Attorney Comings and his team have fought on behalf of the accused, working to favorably resolve cases and help clients move forward after facing criminal charges.

Possession for Sale of a Controlled Substance

A conviction under California Health & Safety Code Section 11351 requires that the prosecution prove possession, knowledge of the presence of the substance, knowledge of the nature of the substance, intent to sell, and that the controlled substance was a usable amount. Certain drugs are considered controlled substances under the state’s Uniform Controlled Substances Act. These include heroin, opiates, cocaine, unauthorized prescription medications, LSD, other hallucinogens, and peyote. It also includes methamphetamine and marijuana sales.

Possession of the drug means that the person knowingly has control or custody of the substance. Actual possession or constructive possession satisfies the possession element of this statute. There is no requirement that the defendant physically possess a controlled substance in order to violate the statute. If the drugs are found in a place controlled by the defendant, such as the trunk of a car, their closet, or safe, they will be deemed to have possession of the drugs.

Circumstantial evidence is often a central element of a possession for sale case. The presence of large quantities of drugs or items associated with drug sales, such as baggies, packaging materials, or scales, can serve as evidence of possession with intent to sell. The State may rely on evidence of drug paraphernalia to support charges of possession for sale. If the defendant has large quantities of cash in their home, or there is evidence of frequent drug transactions, this can also serve as a factor supporting intent to sell.

A conviction for possession of a controlled substance for sale is a felony offense, and a strike under California’s Three Strikes system. The defendant can face up to four years in prison, and if the substance is cocaine based, the maximum prison sentence increases to five years. There are weight enhancements for drug offenses that can affect a prison sentence.

Fighting Drug Offense Charges for Possession for Sale of a Controlled Substance

A conviction for possession for sale of a controlled substance requires that all elements of the crime are present. In other words, an acquittal is necessary if the defendant did not harbor the specific intent to sell the drugs or was not in possession of the drugs for sale. In some cases, a defendant may have possessed the drugs for personal use with no intent to sell.

Often, law enforcement is motivated to arrest an individual on serious charges such as possession for sale of a controlled substance. If the police are overly aggressive during their investigation, and drugs are discovered during an illegal search or seizure, the defendant’s drug sales defense attorney may file a motion to suppress the evidence. For example, if there was no probable cause, the judge may suppress the evidence and most likely the case would be dismissed.

Challenging Evidence in Drug Sales Cases

Attorney Gregory H. Comings is skilled at dissecting circumstantial evidence, finding inconsistencies, and challenging the conclusions drawn by law enforcement. In drug sales cases, the prosecution often relies on indirect evidence to establish intent, but this approach can leave room for reasonable doubt. He thoroughly examines every piece of evidence, asking critical questions and seeking answers that weaken the prosecution’s narrative.

Were the Items Allegedly Associated with Drug Sales, Such as Scales or Baggies, Definitively Linked to You?

It is not uncommon for these items to belong to someone else or to have legitimate uses unrelated to drug sales. Attorney Comings challenges whether the evidence establishes a connection to you or suggests proximity.

Can the Prosecution Establish That Cash in Your Possession Was Directly Related to Drug Transactions?

Possessing large amounts of cash is not inherently illegal. Our firm explores alternative explanations, such as legal earnings, gifts, or other legitimate sources of money, to refute claims of involvement in drug sales.

Is There Any Evidence to Suggest the Drugs Were Intended for Personal Use Rather Than Sale?

Possession for personal use differs significantly from possession with intent to sell. Factors such as the quantity of the substance, the absence of packaging materials, or a lack of distribution patterns can support a defense of personal use, potentially resulting in reduced charges or diversion programs.

Beyond questioning these elements, we leverage expert witnesses, such as forensic analysts, to examine whether the drugs’ weight, composition, or packaging genuinely supports the prosecution’s claims.

Unlawful Search and Seizure

The Fourth Amendment guarantees your freedom from unlawful searches and seizures. Yet, many drug-related arrests stem from questionable police practices, such as warrantless searches, coerced consent, or fabricated probable cause. Attorney Comings meticulously evaluates how law enforcement obtains evidence and has successfully filed motions to suppress evidence obtained illegally.

Examples of common police missteps include:

• Stopping and searching your vehicle without reasonable suspicion or probable cause,
• Failing to secure a proper warrant before entering your home, and
• Conducting an overly invasive search that exceeds the permissible scope.

When evidence is suppressed due to police misconduct, the case against you can weaken dramatically, often leading to a dismissal of charges.

Exposing Procedural Errors

Even small procedural errors can have significant implications in drug sales cases. Attorney Comings utilizes his profound knowledge of California and Riverside criminal procedures to pinpoint missteps that could invalidate the prosecution’s case. These may include:

• Failure to properly document evidence during a chain of custody,
• Errors in the handling or testing of controlled substances, and
• Misleading testimony or inaccurate reports from law enforcement officers.

When procedural errors are exposed, they not only cast doubt on the case but can also lead to reduced charges or outright dismissal.

Advocating for Alternative Sentencing Options

While some cases demand aggressive trial advocacy, Attorney Comings is equally adept at exploring alternative sentencing options to keep clients out of prison. California offers several programs, such as mental health and pretrial diversion programs, aimed at providing rehabilitation instead of punishment for nonviolent drug offenders.

Attorney Comings uses his experience and negotiation skills to secure alternative sentencing options wherever possible, prioritizing your future and well-being.

A Commitment to Fair Trials and Client Advocacy

Attorney Comings believes in fighting tirelessly to ensure every client receives a fair trial. This involves holding the prosecution accountable, protecting constitutional rights, and ensuring the integrity of the legal process. His courtroom advocacy is driven by a commitment to protect clients from overzealous prosecutions and unfair penalties.

We also investigate whether bias, assumptions, or a lack of proper training influenced law enforcement’s interpretation of the evidence.

Mitigating Long-Term Consequences

A conviction for possession or sale of a controlled substance can have lifelong repercussions, from employment barriers to housing challenges. Our firm understands these challenges and works diligently to minimize the impact on your future.

Through proactive defense strategies, including negotiations to reduce charges or mitigate penalties, we strive to preserve your rights, freedom, and record. In many cases, we have successfully avoided convictions entirely by demonstrating that the evidence does not support the prosecution’s claims.

Riverside Possession For Sale Attorney: A Strong Defense Against Drug Sales and Possession Charges

At the Law Office of Gregory H. Comings, APC, our drug sales defense attorney understands how high the stakes are when facing allegations of drug sales or possession for sale. With over 21 years of experience defending clients in Riverside and Los Angeles counties, Attorney Gregory H. Comings has established a reputation for his unwavering dedication to justice. His deep ties to the Riverside community and personalized approach to each case set him apart. Unlike larger firms that take a cookie-cutter approach, our defense firm provides hands-on representation, guiding you through every step of your case.

Our commitment to communication, transparency, and results ensures that you will be supported and informed as we defend you.

Contact a Skilled Riverside Criminal Defense Lawyer to Discuss Your Rights

Discussing possible defenses to charges for possession for sale of a controlled substance is important. You can receive heavy prison sentences and endure lifelong repercussions from a drug offense conviction.

If you or someone close to you is facing criminal charges, Riverside criminal drug offense lawyer Gregory H. Comings can effectively defend your case. We provide a free consultation and can be reached by calling or online.