Q: Can I get charged with possession of sales if I don't have no drugs on me
They pull I have scale but no batteries in the back rusted and I had my unemployment money on me can they still charge me I have receipts for all that but I do not have no drugs
A:
The correct answer is "It depends".
It depends on any other facts they may have...the charge should conform with the facts.
At your arraignment, a public defender will be appointed...if you don't have a private lawyer. That lawyer will argue for the dismissal of the "Sales" count.
However, the DA may amend to add a Paraphenalia count.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
It is possible to be charged with possession of drug paraphernalia if you are found with items commonly associated with drug use or sales, such as scales or pipes. However, possession of drug paraphernalia is not the same as possession with intent to sell or distribute drugs.
If you do not have any drugs on you, it may be more difficult for the prosecution to prove that you were in possession of the scale with the intent to sell drugs. However, the specific circumstances of your case and the laws in your jurisdiction will ultimately determine whether or not you can be charged with possession of sales. It is recommended that you consult with a criminal defense attorney for advice and guidance on how to proceed with your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
