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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





San Leandro Possession With Intent to Distribute Lawyer

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.

How Does a Prosecutor Decide Whether to Charge Simple Possession or Intent to Distribute?

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.

Investigating Possession With Intent to Distribute

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.

What is Constructive Possession?

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.

Diversion and Alternative Sentencing Programs

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.

How a San Leandro Possession with Intent to Distribute Attorney Could Help

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.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer