Legal Question in Criminal Law in California

if someone was arrested an getting a possession of sells of narcotics but yet they have no physical evidence of the illegal substance, or anything in that manner except for two scales, is it possible for a person to be charge for sales with only two scales?


Asked on 4/30/12, 4:37 pm

3 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

Anyone can be charged with anything theoretically - whether it "sticks" is another matter. It may be that there is more evidence than that of which you are aware, and also, sometimes there may be a strategic reason to charge someone with something even without a lot of evidence. And/or there may be more evidence "developing" or the prosecutor believes it will develop.

In any case, just because someone is charged with a violation of a Penal Code section does not necessarily mean they will end up with a conviction of that charge, or of any other charge potentially. Your best bet is to hire a good attorney who regularly practices in the court where the case will be heard. Good luck!

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Answered on 4/30/12, 5:14 pm
Terry A. Nelson Nelson & Lawless

is it possible...? Yes, and it sounds like you were. CAN they charge you? Of course. If they think they can convict you.

Of course you can fight the criminal charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 4/30/12, 5:42 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You say that the police have no other "physical" evidence, but there are other types of evidence. Testimony is also a type of evidence. If a witness testifies that she saw you selling drugs, or that you offered to sell drugs to her, the government's case against you will be stronger than you realize. This is especially true if the witness was an undercover cop.

You should get a lawyer ASAP if you haven't already.

Good luck.

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Answered on 5/02/12, 11:48 am


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