Vista Drug Sales & Distribution Defense Lawyers
Despite recent changes in California’s approach to drug charges, our state still has strict penalties for “intent to sell” crimes. Federal agencies, state officials, and Vista district attorneys have all shifted focus from possession crimes by going right to the source: distributors. But possession for personal use and intent to sell crimes can often overlap, leading to innocent individuals being wrongfully convicted.
After you have been arrested for drug sales and distribution, you need a highly skilled legal team to represent your case. At jD Law Criminal Defense Attorneys, our founding attorney, James N. Dicks, has more than 30 years of experience helping defendants in North County fight their criminal charges in and outside of court. As a former LAPD narcotics investigator and board-certified criminal law specialist, he can craft an effective defense against whatever charges you are facing.
Do not let the prosecution walk all over you. Do not let the state use excessive sentencing to ruin your life and livelihood. It is time to stand up for yourself and fight your drug sales and distribution charges. It is time to contact our Vista intent to sell defense lawyers at (760) 630-2000 to schedule a free consultation.
Intending to sell a controlled substance outside of specific pharmaceutical, medical, dental, or commercial processes can result in a violation of California Health & Safety Code 11351. This can include illegal drugs; it can also include medications that require a prescription. In general, intent to sell charges are filed in cases involving a large quantity of:
Law enforcement often views drug sale and distribution as a “middle tier” or “street level” drug crime. It is considered more serious than simple possession but less serious than actually manufacturing and participating in a drug cartel, also called drug trafficking. Selling and distributing drugs is defined as it sounds: offering illegal narcotics to another party for profit or favors.
This “middle tier” positioning does not mean you will face a lenient prosecution. If anything, you can expect Vista authorities to use even more force to convict you. They may believe that by putting you behind bars, they cut the connection between the source and the buyers. Whether this is true, the punishments will be harsh all the same.
North County prosecutors must clearly demonstrate your ability and intention to sell drugs before you can be convicted, which means proving the following facts:
- You possessed a controlled substance.
- You were aware that you possessed a controlled substance.
- You had enough of a controlled substance to sell.
- You did not intend to personally use the controlled substance.
- You intended to sell drugs to another person.
Intent is an important element in drug sales or distribution cases. The prosecution must demonstrate that you intended to sell the drugs you possessed and that you did not intend to use them for yourself. Evidence that prosecutors can use to demonstrate intent includes ziplocked bags containing drugs, a large quantity of drugs, a large quantity of loose cash, and anything that shows that you were capable of distributing drugs.
While marijuana is legal for sale by licensed companies, and individuals can possess and grow it in small qualities, it is still possible to be charged with intent to sell if you have more than the legal limit or if you distribute it outside of commercial channels.
In cases involving possession, defendants in Vista often have the option of entering a drug diversion program or rehabilitation center instead of heading to jail. However, intent to sell defendants are excluded from these programs, which means you can face the full force of the law if convicted.
If you are convicted of drug sale and distribution, you face felony charges, and penalties:
- Up to two, three, or four years in state prison;
- Up to $20,000 in fines; and/or
- Felony probation.
California uses an escalating penalty system based on the individual circumstances of each case. For example, the more of an illicit substance you allegedly sold or distributed, the harsher the punishments tied to your conviction. Furthermore, penalties will increase based on what drugs are in question, with “more dangerous” drugs being hit with heavier sentence requirements.
An intent to sell charge is a very specific charge under California law, and North County prosecutors have to successfully prove that you have met each element to convict you. As a result, there are several defenses an experienced drug crime defense lawyer can employ to get your charges reduced or dropped, including:
- You were not aware that you possessed a controlled substance.
- You legally were allowed to have a large quantity of a controlled substance.
- The drugs were for personal use, and you had no intention of selling them.
- The police illegally searched your home or property and illegally seized the drugs in question.
Vista criminal defense attorney James N. Dicks is a former narcotics investigator who fully understands the prosecution’s strategies in drug sale and distribution cases. No matter what move they take, he can be two steps ahead, or more. Be sure to empower your defense by working with him.
If you have been charged with intent to sell in North County, reach out to jD Law Criminal Defense Attorneys. We will do everything in our power to have your charges reduced or completely dismissed. If the matter goes before the judge and jury, you can bet that we will be swinging in your favor for an acquittal.
When you work with jD Law Criminal Defense Attorneys, you get:
- The knowledge of a board-certified criminal law specialist and former narcotics officer
- Significant trial experience
- A thorough understanding of North County’s criminal justice system
- A proven track record of success
- More than 30 years of positively reviewed legal experience
Do not wait. Call jD Law Criminal Defense Attorneys at (760) 630-2000 today to schedule a free consultation.
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