A drug arrest can leave people unsure about what charges they may face. California prosecutors review the evidence and applicable law before deciding which charges the evidence may support. These may include simple possession, possession for sale or another drug offense. The charge can affect the possible penalties and the long-term effects of a conviction.
What quantity and packaging can show
The amount of drugs found can be important. A larger amount may support an allegation that the drugs were intended for sale. However, the amount alone does not prove an intent to sell.
Prosecutors may also examine how the drugs were packaged. Separate baggies, scales, empty packages and similar items may support an allegation of intent to sell when other evidence points to sales activity. The importance of these items depends on the type of drug and the facts of the case.
What other evidence do prosecutors examine?
Prosecutors may consider evidence beyond the drugs found during an arrest. This may include cash, text messages, surveillance footage or witness statements that suggest drug sales.
The circumstances of the arrest may also matter. California law provides different offenses for possession, possession for sale, sale and transportation for sale. Certain circumstances can also lead to additional penalties or enhancements. Prior convictions may affect sentencing or other parts of a case, depending on the offense and the person’s criminal history.
Understanding your legal position
Prosecutors consider the facts as a whole when deciding what charges the evidence may support. The type and amount of drug, its packaging and other evidence connected to the alleged offense can all play a role. A criminal defense attorney can review the charges and evidence, explain the possible consequences and help you understand your legal options.
