Summary
In California, a case may be dismissed in a jury trial due to lack of evidence, legal errors, or witness issues. The DA can introduce past acts with court approval to show a pattern. For a felony sales charge, the prosecution must prove possession, knowledge, intent to sell, and sufficient quantity. Intent to sell is inferred from factors like packaging and cash presence. Having multiple scales could suggest intent to sell, but legitimate uses and lack of other evidence can be argued. Consulting a defense attorney is advisable for personalized advice.Full Conversation
How to know if the da doesn't have enough evidence to continue the trial
To determine if the district attorney (DA) lacks enough evidence to continue with a trial, consider these points:
- Insufficient Evidence: The DA must present credible and substantial evidence for each element of the crime.
- Suppression of Evidence: If key evidence is excluded, the case may be weakened.
- Lack of Credible Witnesses: The absence of reliable witnesses can undermine the prosecution's case.
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Can the da bring up charges in my past that I wasn't charged for in a different case
In California, the DA can introduce past acts in court under certain conditions, even if you weren't charged, but they must seek court approval first. This is typically to establish a pattern of behavior. Do you have concerns about how this might affect your current case?
Yes
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It's understandable to have concerns about your past impacting your current case. In California, past acts can sometimes be used to show a pattern, but they need court approval. It might be helpful to consult with a defense attorney to better understand your rights and possible defenses. Would you like more information on this topic?
What is needed to charge me with a felony sales of controlled substance charge in a jury trial
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To charge you with felony sales of a controlled substance in California, the prosecution must prove:
- Possession: You had control over the substance.
- Knowledge: You knew it was a controlled substance.
- Intent to Sell: You intended to sell it.
- Quantity: Sufficient amount to indicate sales.
Do you have any more specific questions about your case?
What is a sufficient amount for sales of a controlled substance
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In California, there isn't a specific threshold amount that automatically qualifies as "sufficient" for sales of a controlled substance. Instead, intent to sell is often inferred from factors like packaging, cash presence, and drug amounts typically inconsistent with personal use. Do you have concerns about any specific circumstances in your situation?
Yes
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It seems like you're dealing with a serious legal situation regarding felony sales of a controlled substance. Would you like to be connected to local lawyers who can better assist you with your case?
What are some key points to be used if I had several scales in my vehicle
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Having several scales in your vehicle can be used as evidence of intent to sell drugs, as it might suggest preparation for distribution. Here are some key points that might be considered:
- Purpose of Scales: Argue legitimate uses for the scales unrelated to drug sales.
- Lack of Other Evidence: Highlight absence of drugs, cash, or packaging materials.
- Context and Explanation: Provide context for having multiple scales.
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