California Criminal Defense Lawyer Blog
A Fullerton couple are facing drug and weapons charges after being arrested in their apartment near a junior high school. The 53-year-old man is being charged with 15 felony counts of possession of a controlled substance with intent to sell, possession for sale of marijuana and possession of a firearm by a felon. The 54-year-old woman has been charged with four felony counts of possession of a controlled substance with intent to sell and possession for sale of marijuana.
Possession of a controlled substance with intent to sell is a felony. If convicted, punishments range from probation, 1 year in County Jail or 2, 3 or 4 years in a California State Prison. Possession for sale of marijuana is a felony and is punishable by up to 4 years in State Prison.
To prove intent to sale, the prosecution does not need to prove that you sold anything, only that you intended to. This proof can be made based on the amount of drugs found, other items found such as baggies or scales, conversations with undercover officers or informants and high volume of traffic to and from you residence.
Possession of a firearm by a felon is also a felony. A felon is anyone who has been convicted of a crime that is punishable by a prison term of more than one year. A convicted felon is not allowed to knowingly possess a gun, which includes having a gun in your home. The sentence ranges from 16 months to 2 or 3 years in State Prison. Felon in possession of a weapon is also a federal crime and therefore this man could be facing both federal and state charges.
Fortunately, there are defenses to all of these crimes. Some include: 1) Illegal search and/or seizure; 2) No intent to sell; 3) Lack of possession; and 4) Lack of knowledge. These two individuals are facing serious felony charges and therefore an experienced Orange County Criminal Defense Attorney is imperative to helping them achieve the best possible outcome.
Every county and every courthouse has it’s own way of doing things. In this case, It is important to have an attorney who is familiar with how things work in the Orange County Courts and/or courtroom. It is likewise as important that the attorney have a good relationship with the Judges, prosecutors, probation officers and the court staff.
If you would like to know more about possession with intent to sell and/ or possession of a firearm, contact Orange County Criminal Defense Attorney William Weinberg at his Irvine, California office at 949-474-8008 or at www.williamweinberg.com.