Drug Sales, Possession with Intent to sell, & Transportation 

California law imposes steep penalties for those charged, and convicted, of drug sales, possession with intent to sell, and transportation crimes involving narcotics. These penalties are steep whether you have been accused of selling or transporting: marijuana, heroin, cocaine, LSD, methamphetamines, oxycodone, ecstasy, or any other type of illegal narcotic drug. However, with the help of a knowledgeable and aggressive drug crimes attorney, there are many ways to fight a drug sales, drug possession with intent to sell, or transportation case.

Drug Sales & Possession with Intent to Sell

The potential punishment for sales, and for possession with intent to sell is more severe than that for simple possession which is why the prosecutor often adds a more serious charge of transportation or possession with intent to sell. Some factors which may lead to charges of drug sales, possession with intent to sell, or transportation, are:

• large quantity of narcotics found (more than for average personal use) 
• small individual baggies or plastic wrap sealing device found with narcotics 
• presence of a scale 
• pay-owe sheets or ledgers found with alleged client/price list 
• defendant’s own criminal history includes prior convictions for sales, intent to sell, or transportation 
• multiple cell phones or PDAs, often pre-paid 
• arrest takes place in an area allegedly known for drug dealing 
• defendant arrested after leaving a “stash house” or dwelling under surveillance for possible drug dealing 

Possible Penalties for Sales & Possession with Intent to Sell 

• up to 5 years in state prison or 1 year in the county jail (depends on specific charge) 
• up to 9 years in state prison if alleged sales, or offer to give away, occurred from one county to another non-contiguous county 
• mandatory registration as a narcotics offender 
• may be presumptively ineligible for a drug treatment program such as DEJ or Prop 36 
• felony on the criminal record 
• formal probation or parole period 
• random drug testing 
• CALTRANS or other hard labor program 
• court fines and fees 

Transportation of Drugs 

Transportation is perhaps the most overcharged drug offense in California. Essentially, if you have been arrested while in your car, and in the possession of narcotics, you will likely face a transportation charge. You may also face a transportation charge if you allegedly offered to give someone narcotics even if you did not receive compensation for the offer or did not succeed in giving away the narcotics. Again, adding a transportation charge means that you are facing more severe penalties some of which are listed below.

Possible Penalties for Transportation 

• up to 5 years in state prison or 1 year in county jail time (depending on specific charge) 
• up to 9 years in state prison if alleged transportation occurred from one county to another non-contiguous county 
• mandatory registration as a narcotics offender 
• may be presumptively ineligible for a drug treatment program such as DEj or Prop 36 
• felony on the criminal record 
• formal probation or parole period 
• random drug testing 
• CALTRANS or other hard labor program 
• court fees and fines 

“Personal Use” Exception 

Depending on the individual facts of your drug case, and the manner in which you have been charged, your attorney may be able to argue that the alleged transportation of narcotics was, in fact, for “personal use.” A finding by the Court, or the prosecutor, that the transportation of the narcotics was for personal use may make you eligible for a drug treatment and rehabilitation program instead of jail or prison time.

If you or a loved one is fighting a drug sales, possession with intent to sell, or drug transportation case, then consult with a skilled and compassionate drug crimes attorney at the Law Offices of Karen L. Goldstein: (888) 445-6313.