Marijuana Sales
Accused of Selling Pot? Let an Expert Pot Defense Attorney Defend you.
Been caught selling pot while in Huntington Beach, Santa Ana, Tustin, Fullerton, Irvine, Newport Beach or somewhere in Orange County and now need to beat a marijuana sales charge. Let the Orange County Marijuana Defense Attorney at the Law Offices of Michael L. Guisti explain the process to you.
Selling Marijuana
Under California Health and Safety Code 11360 it’s a felony to sell, give away or transport marijuana, which is strange as most California courts rarely punish pot-buyers. In fact, marijuana sales law are so strict merely offering to sell, give away or transport marijuana is considered illegal, even though no money or pot exchanged hands.
One expert Newport Beach criminal attorney says many arrests made in Orange County marijuana sales cases occur after an undercover cop asks to buy weed from a suspect. Once a suspect offers to sell pot the undercover officer can arrest the suspect.
Under HS 11360 if police observe you simply handing over pot, regardless if any money was exchanged, you could be arrested and charged with a felony.
Pot Sales Defense
Not Enough Corroboration
When attempting to prove that a marijuana sale took place the Orange County prosecution will try to produce physical evidence and have the arresting officer testify as to what happened. Even though HS 11360 states no physical evidence is needed for an arrest, only an offer to sell, and, according to one Fullerton criminal defense lawyer, the problem for the prosecution is, if there is no physical evidence of weed or money it becomes quite difficult for the Orange County District Attorney to press felony charges.
Since there is no physical evidence the Orange County District Attorney at best must rely on testimony from the arresting police officer, which expert Orange County marijuana defense attorneys question the creditability and showing the judge and jury holes and inconsistencies in the arresting officer’s story.
Police Entrapment
Police aren’t allowed to lure people into carrying out a crime that they most likely wouldn't have done if not for the interference of law enforcement.
According to a Santa Ana marijuana defense lawyer a common police trap is an undercover officer approaches a “known” marijuana seller and convinces him to sell him some pot. After some hesitation the undercover officer, after pleading and begging, convinces the suspect to finally sell him pot, after which he is arrested.
Police are never allowed to entrap you, and if police set you up it is likely your case could be dismissed, regardless if you had any marijuana on you.
If Convicted of Pot Sales
Selling marijuana is a felony in California and cannot be reduced to a misdemeanor. If convicted of pot sales you could face two-to-four years in state prison, however if you were just transporting or giving away up to one ounce of pot Orange County courts take a more lenient view and will usually impose only a $100 fine, plus court costs.
Do know that HC 11361 demands longer prison-times for marijuana sales if the alleged buyer was a minor. If convicted of selling to a minor you face up to five years in state prison if the minor buyer was 14 years old or older, and up to seven years in prison if the minor buyer was younger than 14 years old.
Why You Need an Experienced Orange County Marijuana Defense Attorney
Having been accused of marijuana sales may seem intimidating, especially in light of limited evidence needed for police to arrest you, but with the experienced marijuana legal defense team at the Orange County Law Offices of Michael L. Guisti on your side they’ll thoroughly investigate the Orange County police officer’s actions and show the judge and jury with extensive evidence you couldn’t have been selling pot.
The Orange County Drug defense attorneys at Law Offices of Michael L. Guisti are experienced in handling successfully cases of mairjuana charges in the courts of Fullerton, Westminster, Santa Ana, Newport Beach, Irvine, Tustin and Huntington Beach and throughout California.
We understand you may be a little scared, but rest assure Law Offices of Michael L. Guisti will handle your case in best possible way to reduce your criminal charges or possibly dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.
