Criminal Defense

When a minor is accused of theft, the consequences can feel overwhelming for both the child and their family. At Flore Legal Allies, we understand that a single mistake shouldn’t define a young person’s entire future. California’s juvenile justice system operates with that same philosophy—it is intentionally different from the adult criminal system. The goal is rehabilitation, not punishment. We will break down the key differences between juvenile and adult theft cases, what parents and guardians need to know, and how we can help protect your child’s rights and future. What Counts as Juvenile Theft? Juvenile theft involves a minor—anyone under the age of 18—who is accused of unlawfully taking property that doesn’t belong to them. Common types of juvenile theft include: Petty theft (e.g., shoplifting items under $950) Grand theft (items worth more than $950) Auto theft Burglary or robbery Possession of stolen property Even minor theft accusations, like stealing a phone or clothing, can trigger legal action and long-term consequences if not handled properly. How the Juvenile Court System Is Different Unlike adult criminal court, the juvenile justice system in California is designed to focus on rehabilitation, education, and accountability. Here are several key differences: 1. Terminology The legal language used in juvenile court is less punitive. For example: Juveniles are not “found guilty” — they are “found to have committed a delinquent act.” There is no criminal “conviction” — instead, there is a “sustained petition.” This terminology reflects the goal of guiding young people back on track rather than branding them with a criminal record. 2. No Jury Trials Juvenile cases are decided by a judge, not a jury. This means the outcome is determined in a more controlled environment, typically without public exposure. 3. Privacy Protections Most juvenile proceedings are confidential, and records are often sealed once the minor reaches adulthood, depending on the case and outcome. This privacy is critical in helping minors avoid a lifelong stigma associated with a criminal record. 4. Focus on Rehabilitation Juvenile courts prioritize solutions such as: Counseling Community service Restitution to the victim Probation Educational or diversion programs In contrast, adult courts often prioritize incarceration or criminal penalties. Common Legal Pathways for Juvenile Theft Cases Informal Supervision / Diversion Programs For first-time or minor offenses, the court may refer the juvenile to an informal diversion program, which allows them to avoid formal charges if they meet certain conditions such as community service, counseling, or good behavior over time. Juvenile Delinquency Court If diversion is not an option or if the offense is more serious, the case proceeds to juvenile delinquency court. There, a judge will decide whether the charges are sustained and what consequences are appropriate. Detention Hearings If the minor was taken into custody, a detention hearing must occur within 48-72 hours (excluding weekends). This hearing determines whether the child will be released to their parents or kept in juvenile detention until the next court date. Adjudication and Disposition These steps are the juvenile equivalent of a trial and sentencing: Adjudication: The judge hears evidence and determines whether the theft occurred. Disposition: The judge issues consequences, which can include probation, restitution, or rehabilitation programs. When Can a Juvenile Be Tried as an Adult? In very serious cases—such as armed robbery or if the minor has a history of offenses—the District Attorney may request a fitness hearing to determine whether the child should be tried as an adult. However, under California law: Minors under 16 cannot be tried as adults (since Proposition 57, passed in 2016). The juvenile justice system retains jurisdiction in most theft-related cases unless there are aggravating factors (e.g., violence, gang affiliation, etc.). This protection helps ensure that most juveniles are dealt with in a system that prioritizes reform. Consequences of a Juvenile Theft Charge While juvenile court is more lenient than adult court, the consequences are still serious: Probation: With conditions such as school attendance, curfew, and avoiding criminal activity Restitution: The minor (or parents) may be ordered to pay back the victim Community Service: Often part of sentencing Detention: In some cases, minors may be held in a juvenile facility Loss of Diversion Opportunities: A record of sustained petitions can prevent the minor from participating in future diversion programs Long-Term Impact on the Minor’s Record One of the most important questions we hear is: “Will this stay on my child’s record forever?” The good news: In California, many juvenile records can be sealed if the minor: Completes their sentence or probation successfully Does not commit further offenses Applies for record sealing when eligible (typically at age 18 or older) Sealing the record means it won’t show up in background checks for jobs, college, or housing—allowing your child a true second chance. However, if the juvenile is tried as an adult or the offense is particularly serious, sealing may not be possible. The Role of a Juvenile Defense Attorney Having the right legal representation can significantly alter the course of your child’s case. At Flore Legal Allies, we approach every juvenile case with care, urgency, and deep understanding. Our role includes: Protecting your child’s rights during police questioning and court proceedings Negotiating diversion or alternative sentencing where possible Helping your family understand the process Minimizing long-term consequences by working toward record sealing and clean resolutions We become more than legal representatives—we become your ally in a time of uncertainty. How Parents Can Help If your child has been accused of theft, your support and decisions play a critical role: Stay calm and listen to your child without judgment. Try to understand the full picture. Hire a defense attorney early. Don’t wait for court dates to get legal help. Avoid having your child talk to police alone. Politely invoke their right to remain silent until an attorney is present. Be proactive about rehabilitation. Enroll them in therapy, counseling, or mentoring programs—even before the court requires it. Monitor school and peer relationships. Many juvenile theft cases are influenced by peer pressure or emotional issues. How We

A routine traffic stop can turn into a high-stress situation in seconds. You may feel anxious, unsure of your rights, and afraid of saying the wrong thing. Unfortunately, what you say—or don’t say—can be used against you in court. At Flore Legal Allies, we believe that every Californian deserves to understand their rights and how to respond calmly and legally to police questioning, especially during something as common as a traffic stop. This breaks down what happens during a traffic stop, what your rights are under California and federal law, and how to safely handle police questioning without unintentionally incriminating yourself. The Legal Foundation: Your Rights at a Traffic Stop Before diving into what to say or not say, it’s important to understand your legal rights: You have the right to remain silent. You have the right to refuse consent to a search (in most cases). You have the right to speak to an attorney. You must provide certain identification documents when requested. These rights come from the U.S. Constitution—particularly the Fifth Amendment (protection against self-incrimination), the Fourth Amendment (protection against unreasonable searches and seizures), and the Sixth Amendment (right to legal counsel). In California, these rights are reinforced by case law and state legislation, but there are still nuances that every driver should understand. Step-by-Step: What to Do During a Traffic Stop 1. Pull Over Safely and Calmly As soon as you see flashing lights and hear the siren, signal and pull over to a safe area. Turn off your engine, roll down the window partially, and keep your hands on the steering wheel where the officer can see them. 2. Stay Calm and Respectful While you are not legally required to be friendly, being polite and non-confrontational can go a long way. Police officers are trained to assess threats, so sudden movements or aggressive behavior can escalate the situation quickly. What the Officer Can Legally Ask For At the start of the stop, the officer can request: Your driver’s license Vehicle registration Proof of insurance You are legally required to provide these documents. Failure to do so can result in a citation or arrest. Do You Have to Answer Other Questions? This is where many people get tripped up. Once you’ve provided your documentation, the officer may ask: “Do you know why I pulled you over?” “Where are you headed?” “Have you been drinking?” “Is there anything illegal in the car?” You are not required to answer these questions. In fact, anything you say can later be used against you—even if you’re just trying to be polite or helpful. A simple answer like “I had one drink earlier” can give officers probable cause to escalate the stop, perform sobriety tests, or even search your vehicle. A safe response might be:“I prefer not to answer any questions without an attorney present.” This is a legally valid statement that invokes your Fifth Amendment right, and courts cannot penalize you for asserting this. Can the Police Search Your Car? Without a Warrant, Police Can Only Search If: You give consent They have probable cause (e.g., they see drugs or weapons in plain view) They believe a search is necessary for their safety You are being arrested, and the search is part of the process If an officer asks, “Do you mind if I take a look in your trunk?”, you can legally respond: “No, I do not consent to a search.” This is a critical protection under the Fourth Amendment. Refusing consent does not make you look guilty, and the law supports your right to decline. What If the Police Are Being Aggressive or Intimidating? It is common for people to feel pressured when police become assertive or suggest that you’ll “make things worse” by not cooperating. Remember: You do not have to answer leading or accusatory questions. You do not have to give consent to a search. You can remain silent. Even if you feel the stop is unjust, do not argue or physically resist. You can challenge any misconduct later in court—but if you resist in the moment, you risk being charged with obstruction or even assaulting an officer. DUI Stops: A Special Case In California, DUI checkpoints and stops for suspected drunk driving come with a few additional legal issues: You are required to take a chemical test (breath, blood, or urine) if you are lawfully arrested for DUI. Refusing may result in a license suspension and other penalties, even if you’re not ultimately convicted. You do not have to answer questions like “How much have you had to drink?” and you can refuse field sobriety tests (which are not mandatory under California law). When to Call an Attorney If you are issued a citation, arrested, or your vehicle is searched without a warrant, it is crucial to speak with a criminal defense attorney immediately. Legal representation can: Protect your rights from the moment of arrest Investigate whether the traffic stop was lawful Suppress any evidence obtained through unlawful searches or questioning Help you build a strong defense if charges are filed At Flore Legal Allies, we regularly assist clients who were stopped or arrested after routine traffic encounters that escalated unnecessarily. Our mission is to bring calm to a stressful situation, protect your rights, and guide you through the legal system with empathy and strength. Frequently Asked Questions Can I record the traffic stop? Yes. In California, it is legal to record public officials, including police officers, as long as you do not interfere with their duties. Make sure your phone is visible, and inform the officer that you are recording. Should I get out of the car if asked? If an officer asks you to step out of the vehicle, you must comply. The Supreme Court has ruled that officers can order drivers and passengers out of the car for safety reasons during a stop. What if I was stopped for racial profiling? Racial profiling is illegal, but it can still happen. Document everything you

When you’re arrested and released on bail or your own recognizance in California, one of the conditions of your release is a mandatory appearance in court. Missing that court date—even unintentionally—can lead to serious legal consequences. At Flore Legal Allies, we understand how overwhelming and confusing the legal system can be. That’s why we’re here to help clients in San Diego and Los Angeles navigate every step with clarity and support. We’ll explain what happens if you miss your court date, how serious the consequences can be, and how a criminal defense attorney can help you resolve the situation. Why Missing a Court Date Is a Big Deal When a court sets a date for your hearing—whether it’s for arraignment, a preliminary hearing, or trial—you are legally obligated to appear. Failing to do so is known as “failure to appear” (FTA), and it is treated as a separate criminal offense under California Penal Code §1320 or §1320.5, depending on the case type and whether bail was involved. Even if your original charges were relatively minor, failing to appear can escalate the situation significantly. Immediate Consequences of Missing Court 1. A Bench Warrant Is Issued As soon as the judge realizes you missed your scheduled appearance, they will likely issue a bench warrant for your arrest. This means law enforcement can arrest you at any time—during a traffic stop, at work, or even at home. 2. Bail Forfeiture If you were released on bail, the court may forfeit your bail, which means you (or the person who paid it for you) won’t get that money back. If a bail bond company paid the bail, they may pursue you or your co-signer for the amount. 3. Additional Criminal Charges In some cases, the court can charge you with failure to appear as a misdemeanor or felony, depending on the severity of the original charges. These are separate charges that carry their own potential jail time and fines. 4. License Suspension If the court date was related to a traffic or DUI offense, the court may notify the Department of Motor Vehicles (DMV), which can result in a suspension of your driver’s license. Penalties for Failure to Appear in California The penalties depend on whether your original charge was a misdemeanor or a felony: Misdemeanor Case: Failure to appear may result in up to 6 months in jail and a fine of up to $1,000. Felony Case: Failure to appear can be charged as a felony, with penalties of up to 3 years in prison and a fine up to $10,000. Even worse, these penalties are in addition to whatever sentence you may face for the original offense. What If You Had a Legitimate Reason? California courts understand that emergencies happen. If you missed your court date due to: A medical emergency A family crisis Hospitalization Being unaware of the court date due to paperwork or clerical error …it’s critical to take immediate action to resolve the issue. Judges may be more lenient if you or your attorney contacts the court proactively. However, if you simply ignored the court date, or failed to appear without a good reason, the court is much less likely to show leniency. Steps You Should Take After Missing Your Court Date If you’ve missed your court date, don’t panic—but don’t delay. Here’s what to do: 1. Contact a Criminal Defense Attorney Immediately Time is critical. An experienced attorney—like Andrew Flores at Flore Legal Allies—can help determine the best strategy to fix the issue. 2. File a Motion to Recall the Warrant Your attorney may be able to file a motion to recall or quash the bench warrant. In many cases, this can prevent you from being arrested or held in jail while your case is resolved. 3. Prepare for the Hearing Once the warrant is recalled and a new court date is set, you will need to appear in court and explain your absence. Your attorney will advocate on your behalf and present any evidence supporting your reason for missing court. 4. Show Remorse and Take Responsibility If the court believes you are taking the situation seriously, it may reduce the consequences. Avoid excuses and demonstrate accountability. How Missing Court Affects Your Case Missing court doesn’t just result in extra charges—it can also weaken your defense in the underlying criminal case. Judges and prosecutors may view you as unreliable or uncooperative. This perception can hurt your chances of negotiating a favorable plea deal or getting leniency at sentencing. Additionally, if your case involves any type of pretrial diversion or probation program, your eligibility could be revoked due to noncompliance. Can You Clear a Failure to Appear from Your Record? If your case was dismissed or resolved, but you had a prior failure to appear on record, it may still affect your criminal history. While certain records may be sealed or expunged, a failure to appear is considered a serious blemish that may not be eligible for removal. An attorney can help determine if you’re eligible for expungement or record sealing and file the appropriate petitions on your behalf. Don’t Wait Until You’re Arrested—Act Now Even if the court hasn’t issued a bench warrant yet, it’s important to be proactive. Judges appreciate defendants who take responsibility and show they’re serious about resolving the issue. At Flore Legal Allies, we help clients across San Diego and Los Angeles fix missed court appearances with minimal damage to their case. Whether you’re facing misdemeanor charges or more serious felony allegations, we’ll stand by you, advocate for you, and work to protect your rights. How We Can Help At Flore Legal Allies, we know how stressful and confusing criminal proceedings can be—especially when something unexpected like a missed court date occurs. We’re not just legal representatives; we’re allies who care deeply about your future. If you’ve missed a court date, contact us immediately. We can help you: File a motion to recall a warrant Represent you in court and explain the circumstances

Facing a DUI (Driving Under the Influence) charge in California is a serious legal matter—and the consequences become significantly more severe with each repeat offense. Whether you’ve been arrested for the first time or it’s your second DUI within 10 years, the law doesn’t treat all offenses equally. The stakes are much higher the second time around. At Flore Legal Allies, we represent clients throughout San Diego and Los Angeles who are navigating the stress, fear, and confusion that come with DUI charges. We don’t just defend our clients—we become their legal allies. We listen. We explain. And we fight to protect their rights and future. If you’re wondering how much worse a second DUI is compared to a first, this explains the key differences in penalties, legal risks, and what you can do to defend yourself. Understanding California DUI Laws Under California Vehicle Code § 23152, it is illegal to operate a motor vehicle: With a blood alcohol concentration (BAC) of 0.08% or higher, or While under the influence of alcohol, drugs, or a combination of both A DUI is considered a priorable offense, meaning that prior DUI convictions can—and will—impact how a future DUI is charged and sentenced. The law looks back 10 years from the date of your current offense to count prior DUIs. Let’s examine the penalties for each. First-Time DUI Offense: What to Expect If this is your first DUI arrest and you did not cause injury or death, your case will typically be charged as a misdemeanor. Here are the standard penalties for a first-time DUI in California: Fines and Penalties: $390 to $1,000 (plus penalty assessments that may raise this to $2,000+) Driver’s License Suspension: 6-month suspension (plus an additional administrative suspension by the DMV) Jail Time: Up to 6 months in county jail (often waived or converted to probation) Probation: 3 to 5 years of informal probation DUI Education Program: 3-month (or longer) alcohol education program Ignition Interlock Device (IID): Installation may be required for 6 months to keep driving privileges These penalties may seem steep, but they are still considered relatively lenient compared to subsequent offenses. Second DUI Offense: What Changes? A second DUI conviction within 10 years carries more severe and mandatory penalties. The court sees this as a pattern of dangerous behavior, not just a mistake. Here’s what you’re likely facing if convicted of a second DUI: Fines and Penalties: $390 to $1,000 (plus penalty assessments, as with first offense) Driver’s License Suspension: 2-year suspension (though you may qualify for restricted license with IID after 12 months or sooner depending on compliance) Jail Time: Minimum 96 hours to 1 year in county jail (some counties require mandatory minimums) Probation: Typically 3 to 5 years of probation DUI Education Program: 18- to 30-month DUI education program (depending on judge’s discretion and BAC level) Ignition Interlock Device (IID): Mandatory installation for at least 1 year The second offense often results in longer probation, more extensive alcohol treatment requirements, and limited employment opportunities, particularly if your job involves driving. DMV vs. Criminal Court: Two Fronts to Fight It’s important to understand that DUI charges involve two separate proceedings: Criminal Court Case: Determines guilt and court-ordered penalties (fines, jail, probation) DMV Administrative Hearing: Determines whether your license will be suspended and for how long Both of these proceedings can impose penalties independently of each other. For example, even if your court case is resolved favorably, the DMV can still suspend your license unless you request a DMV hearing within 10 days of your arrest. At Flore Legal Allies, we represent you in both arenas to give you the best chance at a positive outcome. Aggravating Factors That Increase Penalties Both first-time and second DUIs can be punished more harshly if any aggravating circumstances were present, such as: High BAC (0.15% or above) Refusal to take a chemical test Having a child passenger under 14 Speeding while under the influence Causing an accident or injury These factors can result in enhanced jail time, longer license suspension, and more expensive fines—even for a first offense. What Happens After a Second DUI? Besides the legal penalties, a second DUI brings life-altering consequences: Insurance premiums may triple Loss of employment, especially in fields that involve driving, licensing, or background checks Professional license issues, particularly for nurses, teachers, realtors, and state employees Increased difficulty securing housing or loans In short, the second DUI can cost far more than just fines or jail time—it can cost you your livelihood, reputation, and stability. Common Misconceptions About Second DUIs Let’s clarify some common myths: Myth #1: “My first DUI was years ago. It doesn’t count anymore.”Reality: California’s 10-year lookback period means any DUI within the last decade can be used to enhance your current charge. Myth #2: “If I don’t blow into the breathalyzer, they can’t convict me.”Reality: Refusing a chemical test can trigger automatic license suspension, and your refusal can be used against you in court. Myth #3: “It’s just a misdemeanor—it’s not that serious.”Reality: A second misdemeanor DUI can still involve jail time, high costs, and long-term damage to your record. Repeat offenses may even lead to felony charges in the future. Legal Defenses for Second DUIs While a second DUI is more serious, you are not automatically guilty. There are a number of legal defenses that can be used, such as: 1. Challenging the Stop Was the traffic stop lawful? If the officer had no legal basis to pull you over, the evidence may be suppressed. 2. Breathalyzer or Blood Test Errors Breathalyzers and lab tests are not perfect. Improper calibration, human error, or contamination can lead to inaccurate BAC readings. 3. Rising BAC Defense If you had alcohol just before driving, your BAC may have been under the limit at the time of driving but rose afterward. This is especially relevant when there’s a delay in testing. 4. Medical Conditions Certain medical issues (like GERD or diabetes) can affect the accuracy of breath tests. 5. Unlawful

Theft crimes are taken seriously in California. While a first-time offense may carry lighter consequences, prior theft convictions can significantly increase the penalties you face if charged again. Understanding how your criminal record affects your current legal situation is essential—especially if you want to protect your rights, your freedom, and your future. At Flore Legal Allies, based in San Diego and Los Angeles, we help clients facing criminal charges navigate the justice system with confidence. We believe in clear communication and powerful advocacy. This will walk you through the consequences of having a theft-related criminal history and what legal options you still have. Theft Crimes in California: A Quick Overview The term “theft” under California law can refer to several different crimes, including: Petty theft (Penal Code § 484 & § 488) Grand theft (Penal Code § 487) Shoplifting (Penal Code § 459.5) Burglary (Penal Code § 459) Receiving stolen property (Penal Code § 496) Identity theft (Penal Code § 530.5) Embezzlement (Penal Code § 503) Each type of theft carries its own penalties depending on the value of the stolen property, the circumstances of the offense, and whether the crime involved violence, force, or deceit. But once you’ve been convicted of any theft offense, even a misdemeanor, the stakes go up dramatically for any future accusations. The Legal Concept of “Priorable” Offenses In California, certain crimes are considered “priorable”—meaning that past convictions can be used to enhance or increase penalties for a current offense. Theft crimes fall into this category. When you face a new theft charge and you have a prior conviction for theft, the court can treat your current offense more harshly, even if the facts of the case are otherwise minor. Here’s where it gets especially serious: a petty theft that would normally be treated as a misdemeanor can be elevated to a felony if you have prior convictions. What Is “Petty Theft With a Prior”? California Penal Code § 666 is often referred to as “Petty Theft with a Prior.” This is a legal provision that allows prosecutors to charge petty theft as a felony under certain conditions. This law applies if: You are accused of committing petty theft (generally theft of property worth $950 or less), AND You have one or more prior convictions for theft-related offenses such as: Petty theft Grand theft Burglary Robbery Carjacking Receiving stolen property Identity theft Forgery or fraud In addition, to qualify for this enhancement, at least one of your prior convictions must have resulted in jail or prison time. This means a second offense—even if minor—can carry felony penalties due to your criminal history. Felony Charges for Repeat Offenders Under Penal Code § 666, prosecutors can discretionarily charge a repeat petty theft as either a misdemeanor or felony—this is what’s called a “wobbler” offense. If charged as a felony, you could face: Up to 3 years in county jail Probation with strict conditions A permanent felony on your criminal record Compare that to a typical petty theft misdemeanor: Up to 6 months in county jail A fine of up to $1,000 Possible informal probation Clearly, a prior conviction can dramatically shift the legal landscape. Why the State Takes Repeat Theft So Seriously California’s legal system views repeated theft as a pattern of disregard for the law. Prosecutors are empowered to argue that someone who has previously been punished for stealing but reoffends deserves a harsher penalty, both as a deterrent and as a way to protect the public. This logic drives the decision to escalate charges and strip away access to diversion or alternative sentencing programs. Unfortunately, the reality is that many repeat offenses happen because of addiction, poverty, mental illness, or desperation—not malice. At Flore Legal Allies, we work to humanize our clients and explain the context behind their actions, not just the charges. The Three Strikes Law and Theft Crimes California’s Three Strikes Law applies to serious or violent felony offenses. While petty theft doesn’t fall under this rule by itself, if your prior convictions include strike offenses—like robbery or burglary—you could face additional sentencing enhancements. For example: If you’re convicted of petty theft with a prior robbery conviction, prosecutors may seek to apply strike penalties, including doubling the sentence or mandating a longer term. How Prosecutors Prove Intent and Prior Convictions To successfully prosecute theft with a prior enhancement, the state must show: You committed theft (actual evidence, eyewitnesses, or admissions) You have one or more qualifying prior convictions You served jail or prison time for at least one of those priors They may use court records, police reports, sentencing transcripts, and even fingerprint matches to connect your current case with your criminal record. However, mistakes are common. Names get confused, old records are incomplete, or the nature of the prior offense may not legally qualify. That’s why a careful review of your history by an experienced attorney is vital. What If My Prior Convictions Are From Another State? Out-of-state convictions can still be used to enhance penalties if they are “substantially similar” to California’s theft laws. However, proving this requires interpretation—and that opens a door for defense. At Flore Legal Allies, we have experience challenging out-of-state priors and arguing that they shouldn’t be counted toward California enhancements. Your Legal Defense Options Being charged with theft when you have a prior conviction is serious, but you still have rights and legal strategies that can work in your favor. Some options include: 1. Arguing the Theft Was Not Willful If you didn’t intend to steal—such as picking up an item you thought was yours or making a mistake at a self-checkout—this may reduce or dismiss the charge. 2. Challenging the Validity of Prior Convictions We may be able to argue that: Your prior case was dismissed The conviction doesn’t meet the legal threshold for enhancement You were not sentenced to jail or prison time (a requirement under Penal Code § 666) 3. Filing a Romero Motion If you have a prior strike, we can

Facing drug-related charges can be overwhelming, especially when the legal terminology itself feels confusing. Two common charges that often get mixed up are simple possession and possession with intent to sell. While they may sound similar, the consequences and legal strategies for each are vastly different. At Flore Legal Allies, we serve clients throughout San Diego and Los Angeles, ensuring they are informed, heard, and vigorously defended. This will help you understand what separates possession from possession with intent to sell under California law—and what it means for your case. What Is Simple Drug Possession? Simple possession refers to having a controlled substance for personal use. You don’t need to be caught using the drug—just having it in your pocket, car, home, or anywhere else under your control is enough for law enforcement to charge you. Under California law, the most common statutes applied are: Health & Safety Code § 11350: For substances like cocaine, heroin, and certain prescription drugs. Health & Safety Code § 11377: For drugs such as methamphetamine or ecstasy. To be convicted of possession, the prosecution must prove: You had actual or constructive control of the drug. You knew the drug was present. You knew it was a controlled substance. The quantity was enough to use. If you’re caught with a small, personal-use amount and have no intent to distribute, you are likely facing a misdemeanor. Since the passage of Proposition 47, many simple possession charges have been reduced from felonies to misdemeanors, giving first-time offenders a chance to avoid harsh penalties. What Does Possession With Intent to Sell Mean? While simple possession involves having drugs for personal use, possession with intent to sell means that authorities believe you intended to distribute the drugs to others. This charge is far more serious and often comes with felony-level consequences. Common laws include: Health & Safety Code § 11351: Possession with intent to sell controlled substances like cocaine, heroin, and prescription medications. Health & Safety Code § 11378: For methamphetamine and other stimulants. You do not need to be caught selling drugs to be charged with intent to sell. Prosecutors often rely on circumstantial evidence to argue that your possession wasn’t for personal use. How Prosecutors Decide: Possession vs. Intent to Sell The line between simple possession and intent to sell often comes down to the context and supporting evidence. Prosecutors analyze a number of factors when deciding how to charge a case: Quantity of the Drug If you’re carrying more than what’s typically considered a personal-use amount, prosecutors may argue that you intended to distribute. Packaging Drugs divided into small baggies or containers may suggest they were prepared for sale. Presence of Drug Paraphernalia Items like digital scales, extra baggies, or cash (especially in small denominations) can imply sales activity. Communication Evidence Text messages, social media messages, or notes indicating transactions can be used to show intent. Prior Offenses If you’ve previously been charged with drug distribution, this may influence how current charges are interpreted. It’s important to understand that intent does not require proof of an actual sale. Law enforcement only needs enough evidence to claim that you planned to sell the substance. Why This Distinction Matters The difference between these two charges isn’t minor—it can drastically alter your future. A simple possession charge may lead to: Probation Drug diversion or rehabilitation programs A misdemeanor record Possible dismissal upon successful completion of a program On the other hand, possession with intent to sell can lead to: A felony conviction Several years in state prison Heavy fines Ineligibility for diversion programs Immigration consequences (for non-citizens) In short, the stakes are much higher when the charge involves intent to sell. What Are Your Legal Defenses? At Flore Legal Allies, we treat every case with care and precision. We know the difference between being accused and being guilty—and we fight to make sure the law does too. Here are some of the most effective defense strategies we use: 1. Arguing for Personal Use We may argue that the drugs were solely for personal use, especially if you’re battling addiction. This could help reduce a felony to a misdemeanor. 2. Illegal Search and Seizure If law enforcement obtained evidence through an unconstitutional search or without a valid warrant, that evidence can be suppressed. 3. Lack of Knowledge In some cases, a person might not know drugs were present—for instance, if someone left them in your car or home without your awareness. 4. No Intent to Sell We challenge the prosecution’s claim that you intended to sell the drugs by offering alternative explanations for items like scales or cash. 5. Entrapment In rare cases, we may argue entrapment if law enforcement induced a crime that would not have otherwise occurred. Each case is unique. That’s why our defense begins with listening carefully to your side of the story, reviewing every detail, and developing a custom strategy that prioritizes your freedom and your future. Drug Diversion and Alternatives to Jail California offers pretrial diversion programs for non-violent drug offenders. If you qualify, you might avoid a criminal conviction altogether by completing treatment, classes, or counseling. But here’s the key: diversion is typically available only for simple possession, not possession with intent to sell. This is another reason why how your case is charged—and how your attorney responds—is so critical. If we can negotiate your charge down to simple possession, we may be able to keep you out of jail and on a path toward recovery and a clean record. Marijuana: Legal But Still Regulated Though recreational marijuana is legal in California, selling without a license is still a criminal offense. If you’re caught with large amounts of marijuana, especially packaged or accompanied by cash or scales, you could still face intent to sell charges. Even with legalization, the laws remain strict when it comes to unlicensed distribution. What to Do If You’re Arrested Being arrested for drug possession or distribution is frightening. You may be tempted to talk, explain, or justify