Drug Sales Case Reduced to Simple Drug Possession. I had a client charged with selling drugs under California Health and Safety Code 11351 HS. She was involved with another co-defendant allegedly in selling the drugs. She was arrested, and she was adamant that she did not sell drugs to anybody. She was not involved in selling drugs. She did possess drugs, but she wasn't selling them.
So, the prosecutors would not move off of trying to send her into custody and try to get a conviction for drug possession for sales. Ultimately, we ended up having to take the case to trial. The co-defendant went to trial as well. He didn't have as good a defense as my client, and my client ended up testifying. He couldn't testify because he had a prior criminal record. Our Los Angeles criminal defense attorneys will review this topic more below.
Long story short, he was convicted. My client ended up with a hung jury. It was hung 6 to 6, so it was pretty close, and I convinced the prosecutors to give my client a straight possession charge, which was good because she was able to get a deferred entry of judgment and ultimately got the case deferred entry of judgment and ultimately, got the drug case dismissed.
But it was one of those cases where you had to fight the prosecutor. Sometimes they're not reasonable in cases, and even if you show them that there's a defense to the case and they have problems of proof in the case, they won't dismiss it.
Sometimes they have the attitude that if the person was arrested and somebody decided to file the case in their office, they should have to plead guilty to whatever they were initially charged with.
But the unfortunate things are that Filing Deputy often does not have all the facts and details related to the case when they file the claim, and the defense can do some reasonable investigation.
I talk to my client and get all the information. Then we're in the position to argue that this particular person should not have been charged with a crime, and in fact, they're innocent.
That's what we were able to do in this case. I think the jury read between the lines and saw that the prosecutors had it wrong, and she should not be prosecuted for such a severe crime as the case of a sale.
The difference between a sales and a straight possession case is huge because the law is much more favorable for a possession case. There are much more things available for a criminal defendant to be able to avail themself of and put themselves in a position where they don't have that conviction for selling drugs.
Avoiding Jail and a Criminal Record
This will prevent them from having a conviction on their record, don't end up in custody, and can get something much more reasonable. Because the law — especially nowadays- looks much more favorably upon a criminal defendant who is using.
They see them as a victim to a degree versus somebody who is selling — taking advantage of somebody in the law's eyes. So, in this particular instance, getting that hung jury ultimately led to getting the dismissal by way of a deferred entry of judgment.
This was a great result, and I am thrilled with my client's development because it gave her a chance to salvage her life to continue working, taking care of her kids, and doing everything she needed to do. So, if you or a loved one is charged with any drug crime, such as sales, possession for sales, drug trafficking, and transportation for sales purposes, you've come to the right place. I've handled thousands of these cases over a 26-year career.
I know what it takes to win. I know what it takes to be successful. If you need assistance in this area, pick up the phone. Call the Hedding Law Firm at (213) 542-0940 or fill out our contact form. We are located in Los Angeles. I stand at the ready to help you.