The Fountain Valley Police Department arrested a 36-year-old man on suspicion of cultivating and selling marijuana after they served a search warrant and discovered more than 150 marijuana plants. The plants were discovered in a home, along with a sophisticated growing operation. The street value is reported to be approximately $380,000.00. The man if facing charges of Cultivation of Marijuana and Possession of Marijuana for Sale.
As an Orange County Criminal Defense Attorney, my first thought is, was the warrant legal. Officers are required to follow very strict guidelines and laws as they relate to the proper procedures to obtain a search warrant. Close attention should be paid to what information lead to the home that was searched and how was the information obtained.
When hiring an attorney for this type of matter, it is important to look for an attorney who specializes in possession for sales cases, and just as important, who has a good knowledge of the law as it relates to illegal search and seizure.
For prosecutors to prove their case, they must prove that:
1) The defendant possessed a controlled substance;
2) The defendant knew of its presence;
3) The defendant knew of the substance’s nature or character as a controlled substance;
4) When the defendant possessed the controlled substance, he/she intended to sell it;
5) The controlled substance was marijuana; and
6) The controlled substance was in a usable amount.
Possession of marijuana for sales a felony. When determining whether or not to file possession for sales as opposed to just possession, there are a number of things that the prosecution will look at. They are:
1. The amount of marijuana found;
2. The manner in which it is packaged;
3. The presence of baggies, which are used to package marijuana;
4. The presence of scales for weighing; and
5. Large sums of money.
If you, or someone you know has been arrested for possession for sale of marijuana, hiring an attorney in the county where the case is being filed can make the difference between being convicted of felony possession for sales and misdemeanor possession. A good defense attorney knows that, police routinely use unreliable informants, defective search warrants, invasive tactics and other illegal methods to bust users. A proactive attorney who looks closely at the arresting officers’ conduct, could make the difference in the case being dismissed.
If you would like to know more about felony possession of marijuana for sales contact Orange County Criminal Defense Attorney William Weinberg at his Irvine, California office at 949-474-8008