Drug charges have serious, life-long consequences. You could be facing jail time, fines and a permanent record upon conviction. If authorities suspect you intended to sell or give away the drugs, these consequences could be even more severe, so consider reaching out to an Alameda County drug possession with intent to distribute lawyer. A practiced drug attorney could help you build a strong defense to protect your future.
Possession with the intent to distribute is defined as an individual having drugs either on his or her person or constructively in his or her possession in an area with access and knowledge of the presence of that controlled substance. The drugs must be in a large quantity that could not justifiably be for personal use, or broken down into small portions for distribution. Additionally, authorities may determine there was intent to distribute based on the presence of large quantities of money, firearms, scales, accounting ledgers, or text messages discussing transactions.
Distinguishing between possession and possession with intent begins with the law enforcement officer who makes an arrest. The officer will write a report of any supporting evidence that was found to be indicative of an intent to sell and distribute. A district attorney then reviews the charges and determine whether it is simple possession for personal use or whether it is possession with the intent to sell.
It is possible but uncommon in Alameda County for a charge to escalate from simple possession to possession with intent. If somebody is arrested for simple possession, the officer probably lacks evidence of intent to sell. Typically, the court does not issue a subsequent order for a search warrant to look for additional drugs. For example, if a person is caught with a meth pipe, it is more likely this person is using it for his or her own personal use as opposed to trying to sell it. Instead of seeking a search warrant for the individual’s property, the officer may use this person to find out the source of the drugs. That source is then likely to become the target of an intent to sell or distribute investigation.
Intent to distribute is a more severe charge than simple drug possession. Simple possession could be charged as a misdemeanor, and the penalties could include drug court or a diversion program. In contrast, intent to distribute is usually charged as a felony with penalties including jail time and fines. An Alameda County attorney experienced in drug possession with intent to distribute charges could fight to minimize the potential penalties the defendant could be facing.
Individuals involved in any step of intent to sell could be charged. This includes persons involved with the transportation of the controlled substance in a vehicle, trafficking the drug, and possession with the intent to sell, distribute, or manufacture. Sometimes there are cultivation charges. The severity of the charge depends on the substance, the conduct that the person was engaged in, whether he or she was in a vehicle traveling with the substances or found in a house where it was being manufactured.
To secure a conviction on possession with intent to distribute charges, the prosecution has to prove that there was either actual or constructive possession of a controlled substance. This requires the accused to have knowledge that an illicit substance was present. Additionally, the prosecution must prove there was a specific intent to sell based on the quantity of the substance, whether or not there was enough of the drug to use or sell, and the surrounding circumstances supporting the intent.
The consequences of a drug charge could go well beyond jail time and fines. If convicted, you could potentially be registered as a drug offender, and you may face difficulty obtaining employment or purchasing a property. Contact an Alameda County drug possession with intent to distribute lawyer today to schedule your first consultation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
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Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!