Legal Question in Criminal Law in California

Re: l

Can they? Of course. Should they? Can the charges be proved? Depends upon all the facts and your rap sheet. If that's you, and if it is in SoCal, and if you're serious about getting legal defense, feel free to contact me.

Re: MJ - Intent to sell

It is not so much the amount, it is the fact that the person had baggies and a scale; this is presumptory evidence that the person is involved in drug traffic.

Having less than an ounce 'should' kick it down to a misdemeanor (which would only be an infraction but/for the baggies and scale.

Is this person a medical marijuana patient? A caregiver to other patients? These could be very important questions as there is a defense as a patient or as a caregiver for one, or more, licensed patient(s).

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at ImInnocent.com

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Re: l

Yes, the issue comes down to " the indicia to sell" and the possession of the scale and the baggies produce the evidence needed to show the intent to sell. Although the actually quantity of less than an ounce would generally keep it as an infraction. However when there is an indicia of sale the DA has the option to charge it as a felony. If you are in this situation you need to legal representation. I suggest you start shopping for an attorney so that you can get some legal advice you can rely on. If you are looking for an attorney feel free to call me office regarding possible representation. Good luck

Re: l

Yes. It's the intent that makes the difference. If there is evidence that the person intended to sell even a small amount, that's sufficient.

Whether or not they WOULD be charged with possession for sales or convicted depends on the particular facts.

The amount is a factor, but the whole picture should be examined (statements, admissions of sales, money, etc)

Re: l

Sure. It is possible that the defendant intended to sell that small quantity of marijuana. The scale and baggies suggest that this is indeed what he planned to do. Most intent-to-sell cases involve larger quantities, but that is not a requirement.

The case might be hard to prove, that's not what you asked.

Re: l

Yes, intent to sell charge does not have to be based on a large quantity of weed although having less rather than more is obviously helpful to your case. An intent case is usually based on evidence of indicia of sales, such as presence of cash, scales, packaging, cell phones, etc. in addition to evidence of drugs. Sometimes having less can be more damaging than having more. For example, several small but uniformly packaged baggies can be worse than having a single baggy with a greater amount.

It appears your case can be defended. Consider hiring a lawyer with experience in marijuana. I am inviting you to check out the marijuana section of my website at http://lentzlawfirm.com/medical-marijuana-practiceareas-34

Best.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com