Summary
In California, charges for sales of a controlled substance and possession of a firearm can lead to prison time, fines, probation, or mandatory drug treatment. Dismissal strategies include demonstrating lack of evidence, unlawful search and seizure, entrapment, or rights violations. Evidence must be relevant, reliable, sufficient, and admissible. Possession of a controlled substance with a scale may suggest intent to sell, but challenging the evidences adequacy is crucial. Consider consulting a local attorney for personalized legal advice.Full Conversation
How to get a felony sales and firearm case dismissed
Getting a felony sales and firearm case dismissed in California can be challenging, but there are some potential defenses and strategies that might be applicable:
- Lack of Evidence: Demonstrating insufficient evidence to support the charges.
- Unlawful Search and Seizure: Arguing that evidence was obtained unlawfully.
- Entrapment: If law enforcement induced the crime.
- Violation of Rights: Any procedural mistakes or violations of constitutional rights.
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What is the guide lines for lack of evidence
In California, the concept of "lack of evidence" as a defense means that the prosecution does not have sufficient evidence to prove the charges beyond a reasonable doubt. Here are some key points:
- Burden of Proof: The prosecution must prove their case; if they can't, the charges may be dismissed.
- Insufficient Evidence: If evidence is weak or lacking, a motion to dismiss may be filed.
- Role of Defense Attorney: They can challenge the evidence's adequacy and argue for dismissal.
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What makes evidence adiquit
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In California, for evidence to be considered adequate, it must meet certain criteria:
- Relevance: The evidence must relate directly to the case.
- Reliability: The evidence must be credible and trustworthy.
- Sufficiency: There must be enough evidence to prove the case beyond a reasonable doubt.
- Admissibility: The evidence must comply with legal rules to be presented in court.
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If a controlled substance was found in my car and I had a scale in the car does that make the evidence adiquit
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In California, possession of a controlled substance along with a scale may be considered adequate evidence for intent to sell, depending on the context and additional evidence. It's crucial to challenge the evidence's relevance, reliability, and admissibility in court. Would you like further guidance on how to approach this situation?