Even being charged, let alone convicted of committing a violent crime can have a huge impact on your freedom, your job, and your reputation. You need to act fast.
If the police catch you with a larger amount of a controlled substance than you would typically need for permissible personal use or than would amount to personal use of an illegal substance, you could face charges for possession with intent to distribute drugs. While the penalties for simple drug possession are relatively lighter than some of the more serious offenses, possession with intent to distribute carries the possibility for harsh consequences. A Dublin drug possession with intent to distribute lawyer may be able to assess your situation and determine the likelihood of a reduction or dismissal of charges.
Any conviction on your record is not favorable, but a conviction for possession with intent to sell controlled substances may adversely impact all aspects of your life. With a felony conviction, you may have reduced opportunities to further your education or find employment in addition to the risk of incarceration, forfeiture, fines and fees, search and seizure conditions and registration as a drug offender. A skilled drug attorney may be able to help you determine the best approach to handling the charges you face. En Español.
California Health and Safety Code § 11351 makes possession with intent to sell or purchase with the intent to sell drugs a felony offense. This code section applies to all controlled substances and those drugs in Schedules III, IV, or V that are narcotics. A conviction can result in a prison sentence ranging from two to four years and a fine of up to $20,000.
Perhaps the most challenging aspect of prosecuting this offense is proving that individuals had a subjective intention to sell the controlled substances in their possession. The most obvious evidence that prosecutors may use to prove intent in these cases is the amount of the drugs possessed and indicia of sales. A lawyer in Dublin could argue that the individual intended to use the drugs personally and that there was not enough of the substance to sell.
Other types of evidence can serve as proof of the intent to distribute drugs. The presence of containers or baggies to divide or package the substances could indicate an intent to sell. Possession of other items may also be indicative of an intention to sell, including scales and cash.
State law treats both possession and possession with intent to sell marijuana and synthetic drugs differently than controlled substances such as heroin or cocaine. For example, under Ca. HSC § 11359, possession of marijuana with intent to sell by adults is a misdemeanor crime punishable by six months in jail and a $500 fine. However, individuals can face harsher penalties for this offense if they have prior convictions, intentionally sold marijuana to a minor, or used a person age 20 or younger to help sell marijuana.
Under Ca. HSC § 11357.5, it is illegal for individuals to possess synthetic cannabinoid compounds or derivatives with the intent to sell them. This offense is an infraction that does not carry the possibility of imprisonment. The offense may not become a misdemeanor offense until individuals have one or more prior convictions for the same crime. A drug possession with intent to distribute attorney in Dublin may be able to help you build a strong defense to any criminal charges that you may be facing.
Various defenses may exist in cases involving charges of drug possession for sale in Dublin. In some cases, a Dublin drug possession with intent to distribute lawyer may be able to argue that although you possessed the drugs, you did not intend to sell them.
A conviction for possession with intent to sell controlled substances can have serious ramifications for your job, your finances, and your freedom. Contact a talented attorney today to begin building a defense to protect your future.