Felony Drug Sales While Personally Armed With a Firearm: Probation and No Jail Time
The client was charged with seven serious drug offenses (all felonies) and a firearm enhancement including:
- Two Counts: Possession for sale of a controlled substance (Health & Safety Code § 11378)
- Four Counts: Possession for Sale of Designated Controlled Substance (Health & Safety Code § 11375(b)(1))
- One Count: Possession for Sale of a Controlled Substance (Health & Safety Code § 11351)
- Special Allegation: Committing a Drug Offense while Personally Armed with a Firearm (Penal Code § 12022(c))
Law enforcement originally obtained a search warrant for a specific storage unit listed in the client’s name. However, a different storage unit was searched, and drugs were recovered. The majority of the narcotics and the gun were seized in violation of the 4th amendment. Given the fact that the prosecutor was not able to use 90% of the seized evidence, the client was able to obtain a sentence from the court of no probation and no jail time.