Drug Distribution
Possession of narcotics with the intent to sell or distribute is a felony which usually carries with it prison time.
To convict someone of drug distribution, the prosecutor must prove that the defendant knowingly and unlawfully possessed a controlled substance and that he/she intended to sell it. To be convicted, the substance in question must be in a usable amount.
Prosecutors tend to charge possession for sale when a person has drugs and there are “indicia of sale” present. Indicia of sale can include large quantities of the narcotic or controlled substance, packaging of the drug in separate baggies, scales, large amounts of cash, and especially in small denominations. Even people coming to your house and staying only a few minutes can be interpreted as indicia of sale.
Distribution charges can be serious and, if found guilty, you could face two, three or four years in county jail and/or a maximum $20,000 fine.
To convict someone of drug distribution, the prosecutor must prove that the defendant knowingly and unlawfully possessed a controlled substance and that he/she intended to sell it. To be convicted, the substance in question must be in a usable amount.
Prosecutors tend to charge possession for sale when a person has drugs and there are “indicia of sale” present. Indicia of sale can include large quantities of the narcotic or controlled substance, packaging of the drug in separate baggies, scales, large amounts of cash, and especially in small denominations. Even people coming to your house and staying only a few minutes can be interpreted as indicia of sale.
Distribution charges can be serious and, if found guilty, you could face two, three or four years in county jail and/or a maximum $20,000 fine.
Examples of Defenses Against Distribution
The primary element of this offense is that you must possess the controlled substance. Therefore, if you did not simply or constructively possess any controlled substances then you have not committed a crime under the essence of this law.
When you come to me for my skills and experience as an attorney, I can effectively argue on your behalf that you did not intend to sell the substance in question.
Moreover, by carrying out a private investigation, I can help determine whether or not you were a victim of entrapment by law enforcement officials. Entrapment has two elements: the idea for the offense originated with law enforcement and the defendant was not predisposed to committing the offense.
Walk Free Law can also demonstrate that there is insufficient or insubstantial evidence to convict under Health & Safety Code § 11351.
Another particularly effective strategy to evade conviction is to show that the police violated California’s search and seizure laws and violated the Fourth Amendment to the U.S. Constitution. This is applicable when the police conduct a warrantless search or a search that exceeds the scope of the warrant. Moreover if the police weren’t legally entitled to stop you in the first place, any drugs that they subsequently found probably cannot be used as evidence against you in the prosecution’s case in chief. That evidence will be tainted. Therefore, I can file a Penal Code 1538.5 PC motion to suppress evidence, so that the fruit of the poisonous tree will not be admitted into evidence. If you prevail on this motion, your charge(s) will probably be dismissed or, at the very least, significantly reduced.
When you come to me for my skills and experience as an attorney, I can effectively argue on your behalf that you did not intend to sell the substance in question.
Moreover, by carrying out a private investigation, I can help determine whether or not you were a victim of entrapment by law enforcement officials. Entrapment has two elements: the idea for the offense originated with law enforcement and the defendant was not predisposed to committing the offense.
Walk Free Law can also demonstrate that there is insufficient or insubstantial evidence to convict under Health & Safety Code § 11351.
Another particularly effective strategy to evade conviction is to show that the police violated California’s search and seizure laws and violated the Fourth Amendment to the U.S. Constitution. This is applicable when the police conduct a warrantless search or a search that exceeds the scope of the warrant. Moreover if the police weren’t legally entitled to stop you in the first place, any drugs that they subsequently found probably cannot be used as evidence against you in the prosecution’s case in chief. That evidence will be tainted. Therefore, I can file a Penal Code 1538.5 PC motion to suppress evidence, so that the fruit of the poisonous tree will not be admitted into evidence. If you prevail on this motion, your charge(s) will probably be dismissed or, at the very least, significantly reduced.