Possession with intent to distribute is defined in California as possessing a controlled substance with the resolve to sell or distribute it to others. In most cases, possession with intent to distribute is treated more harshly than simple possession and carries higher penalties.
If you have been arrested for suspicion of selling drugs, you may benefit from the help of a San Leandro possession with intent to distribute lawyer. A seasoned drug attorney could work to determine an effective defense.
The prosecutor makes the decision about whether to charge a defendant with simple possession or possession with intent to distribute. The detective or responding law enforcement officer uses his or her training and experience to determine whether the drugs the individual possessed were for their own personal use or were meant to be sold. The decision is typically based on the surrounding circumstances of the discovery of the drugs, any indication of sales, such as scales and baggies, and any information received by third parties or confidential informants through controlled buys.
The prosecution bears the burden of proving intent to distribute the drugs. The prosecution tries to prove intent by looking at the quantity of the drug and the way it is packaged. A more significant amount of drugs in small packets might indicate the drugs are intended to be sold. Other paraphernalia that suggests intent to distribute may include scales for weighing drug, ledgers with lists, and notes on the buying and selling of drugs and their amounts, and any communications.
Often, people who engage in drug sales have text messages on their phone asking about what can be bought and sold. Another factor is the amount of cash at the scene in different denominations, which may suggest that the defendant was making change for drug sales.
Constructive possession is a legal term for having control of an item but not having physical possession of it. The item is not on the person but may be nearby, and the individual has the power and intention to manipulate the object without direct control. For example, constructive possession might refer to items or substances in a vehicle owned by the defendant. For more information about constructive possession, reach out to a possession with intent to distribute lawyer in San Leandro.
There are collaborative court options that may be available for certain qualified defendants facing possession with intent to distribute penalties. The nature of the crime and the criminal record of the accused may have an impact on the availability of these alternatives – violence or use of firearms tend to be disqualifying factors for some programs, but there are various options that an experienced attorney may be familiar with to petition for one’s admission successfully. Alternative programs tend to result in a dismissal of the charges and a sealing of the record upon successful completion.
When someone faces possession with intent to distribute charges, he or she may be unaware of specific legal complications. Fortunately, an experienced attorney could help him or her navigate the intricacies of the legal system. More importantly, a San Leandro possession with intent to distribute lawyer attorney may know how to negotiate the case, seek alternative options for resolution, and present persuasive mitigation arguments on the defendant’s behalf. Call now.
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
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
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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!