drug charges

[matt mars]

california

scenario:

if an individual has (2) prison priors for drug charges,
arrested for transportation/sales and convicted
first commitment: trans/sales
arrested for sales convicted for possession and parole violation
second commitment: possession/parole violation
paroles and discharges for over a year.

what if the individual was arrested for a third time for possesion, the police report indicates clearly without a doubt it's possession. in california that individual can receive additional time for the prison priors on parole or off parole. but can the district attorney offices change the charges based on the individual arrest history (example: from possession to sales) even though nothing indicates sales in the third arrest?

 

[calatty]

There is no crime of "sales" in CA. The crime is possession for sale (Health and Safety Code 11351). To prove that drugs were possessed for sale as opposed to just possessed, the prosecution must produce evidence beyond simple possession, such as a fairly large quantity, or packaging in smaller quantities, or the presence of a scale, baggies, or pay-owe sheets. The DA's decision to charge you possession for sale has to be based on the current crime and not on your past offenses, since he can't bring your past offenses before the jury.