Possession With Intent to Sell Methamphetamine (HS 11378)- Prosecution and Defenses

If the prosecutors can prove that you had the intent to sell meth, your punishment may be much more severe.

Possession With Intent to Sell Methamphetamine - (HS 11378) Prosecution

• Possession: You had physical control or the power to control the methamphetamine.

• Knowledge: You knew the methamphetamine was present.

• Quantity: You possessed an amount of methamphetamine that was enough to infer that it was for sale;

• Intent to Sell: You possessed or purchased the methamphetamine with the specific intent to sell it or for someone else to sell it.  Evidence of intent to sell may include the quantity of the drug; how it is packaged or the existence of packaging materials (baggies) in the same location; the amount of money found on you or near the drugs; and the absence of paraphernalia indicating personal use.

What Does Possession Mean?

How is Knowledge Proven?

How is Quantity Defined?

What Does it Mean to Sell?

What is Intent?

Possession for Sale of Methamphetamine (HS 11378)- Defenses

• Lack of Intent to Sell: Insufficient direct or indirect evidence exists to show that you had intent to sell methamphetamine
  

  Our attorneys are well versed on all of the possible defenses to a possession of meth with intent to sell charge and are ready to present them on your behalf.

• Entrapment: Under California law, entrapment occurs when a "normally law abiding person" is induced to commit a crime, in this case possession of methamphetamine for sale, that he or she otherwise would not have committed
• Unlawful Search and Seizure:  Law enforcement found the methamphetamine as part of an unlawful search or seizure of your person or premises under your control
• Lack of Knowledge: You were unaware that you possessed methamphetamine. For example, another person placed the substance in your bedroom, vehicle or backpack, etc.
• Lack of Possession: You did not possess methamphetamine. For example, you were only present while other people used methamphetamine or you only held the methamphetamine for use by another person

Defense No. 1: No Intent to Sell

Defense No. 2: Entrapment

Defense No. 3: Unlawful Search and Seizure

Did the police commit an unlawful search and seizure during your possession with intent to sell meth arrest?

Defense No. 4: Lack of Knowledge of a Controlled Substance

Defense No. 5: Lack of Possession - Momentary Possession

• 1. You possessed the controlled substance only for a momentary or transitory period; and
  2. You possessed the controlled substance in order to abandon, dispose of, or destroy it, and
  3. You did not intend to prevent the police from obtaining the controlled substance.

Defense No. 6 Lack of Possession - No Control

Wallin & Klarich Can Help Defend You From a Possession with an Intent to Sell Charge

Being accused of a crime can be stressful. Let us help you through the process.