Criminal Defense Lawyers

Drug possession for sale is a crime defined in California’s penal code. It’s important to have an attorney who can defend you against these charges. With California’s law, it doesn’t matter what kind of controlled or illegal substance you dealt. If you intend to sell a prescription or regulated substance without the proper license to do so, or you intend to sell a prohibited substance, you can also be charged with this crime.

Controlled substances include things like heroin, cocaine, and methamphetamine, all of which are illegal to create, use, or sell. They also include prescription medications like benzodiazepines and opioids. In order to commit the crime of possession for sale in California, you need to meet the following criteria:

• You are in possession of a controlled substance, whether legally or illegally.
• You are aware that you possess the substance and aware that it is controlled.
• You have enough supply of the substance to sell it.
• You intend to sell it.

The prosecutor must prove every aspect of this list beyond a doubt. If you have never actually sold the drugs, it can be difficult to prove intent. One potential defense is for your lawyer to show that you only intended to use the substance yourself. Intending to sell drugs is more serious than possessing them alone.

If your lawyer can show that you didn’t intend to sell the drugs, you might have options to keep you out of jail. These include completing a rehab program or taking part in drug diversion classes. Once you complete the alternative sentencing, you can have the charges dismissed instead of being convicted.

Possessing marijuana to sell is a felony. Convictions lead to a maximum of three years in prison along with up to 10,000 dollars in fines. If you sold marijuana to a person under the age of 18, you can serve a maximum of seven years instead. The severity of the penalty will vary depending on how old the person you sold to is.

Similarly, intending to sell methamphetamine can cause you to spend three years in prison. In addition, if you transport or actually sell meth, your sentence might be up to four years. The sentence for dealing to minors is a maximum of nine years, though it could be lengthened even further depending on the circumstances.

Selling illegal narcotics like heroin and cocaine is a serious action that can lead to a maximum of four years in prison. When the person you sold to was a minor, you might be sentenced to nine or more years instead.

There are other punishments that you might face based on the circumstances. For example, if you move a significant amount of drugs across at least two county borders in California, you might be sentenced to nine years.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Following your sentence, you may be sentenced to parole or probation. This is a type of mandatory supervision that places restrictions on what you can and can’t do with your life. You can expect to need to comply with mandatory drug tests. If you fail the drug test or otherwise violate your conditions, you might be stuck with more time in custody.

Another consequence is that being convicted means registering as a drug offender. You have to stay on the drug offender list for the next five years. Failing to register might lead to a revocation of your parole and more criminal charges.

Undocumented people might be deported if they are convicted of possessing drugs to sell.

It is also difficult to become employed after committing a felony. Being convicted of a felony is something that employers can reject you for.

Proving the Case

Prosecutors have to prove each element of your case. They will use Totality of the Circumstances to do so. They must show that there is enough evidence to indicate that you did possess the substances, knew the substances were controlled, and intended to sell them anyway.

Sometimes prosecutors will present evidence like cash and baggies to show that the drugs were being sold. If they can show that you were portioning the drugs to distribute to people, they have a case against you, even if you didn’t actually try to sell the drugs.

If a person is being investigated as a potential drug dealer, law enforcement might send an undercover officer to pose as a customer. Once the dealer tries to sell the substance to the officer, there is reasonable evidence to charge them with intent to sell.

It’s vital that you work with an experienced attorney if you’re facing any kind of drug crime in California. There are ways to avoid the maximum sentencing and to work with the prosecution. Your lawyer will be able to explain your options and help you choose a course of action.