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The difference between simple possession and possession with intent to distribute can mean the difference between a misdemeanor and a felony—between months and years behind bars. In Chula Vista, where law enforcement aggressively pursues drug cases, an intent to distribute charge can feel like a crushing weight, threatening to destroy everything you’ve built.
At David P. Shapiro Criminal Defense Attorneys, we’ve successfully defended countless clients against intent to distribute charges in Chula Vista and throughout San Diego County. We understand these cases, the tactics used by prosecutors, and the most effective strategies to challenge the evidence against you.
In California, possession with intent to distribute is covered under Health and Safety Code Section 11351. This law makes it illegal to possess certain controlled substances with the intent to sell, distribute, or transport them for sale.
Key elements the prosecution must prove include:
Intent to distribute charges don’t require actual sales to have taken place. Prosecutors often rely on circumstantial evidence to allege intent.
The consequences of an intent to distribute conviction can be severe and life-altering.
Potential penalties may include:
At David P. Shapiro Criminal Defense Attorneys, we approach each case with a comprehensive strategy tailored to the unique circumstances. Some potential defense strategies we may explore include:
If law enforcement violated your Fourth Amendment rights during the search that led to your arrest, we may be able to have the evidence suppressed.
We may argue that while you possessed the substance, you had no intention to distribute it. This could potentially reduce the charges to simple possession.
We may challenge whether the amount of drugs found was sufficient to indicate an intent to distribute.
Many intent to distribute cases rely on information from confidential informants. We’ll scrutinize their credibility and the circumstances of their involvement.
If law enforcement induced you to commit a crime you otherwise wouldn’t have, we may be able to argue entrapment.
In some cases, the best strategy may be to negotiate with prosecutors for reduced charges or alternative sentencing options.
When you’re facing intent to distribute charges in Chula Vista, you need a defense team that combines legal acumen, local court experience, and a commitment to client advocacy.
Here’s why David P. Shapiro Criminal Defense Attorneys stands out:
★ Deep Understanding of Local Courts: We have extensive experience representing clients in Chula Vista courts, giving us valuable insights into local legal procedures and tendencies of judges and prosecutors.
★ Comprehensive Case Analysis: We examine every aspect of your case, from the initial investigation to the arrest and charging process, to build the strongest possible defense.
★ Personalized Attention: We believe in building strong attorney-client relationships. You’ll work directly with your attorney throughout your case, receiving regular updates and having your questions answered promptly.
★ Proven Track Record: Our firm has successfully defended numerous clients against intent to distribute charges, often achieving case dismissals, charge reductions, or favorable plea agreements.
★ Focus on Minimizing Long-Term Impact: We understand that an intent to distribute conviction can have far-reaching effects on your life. We’ll work to protect your future and minimize the impact of these charges.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
Simple possession is typically charged as a misdemeanor and assumes the drugs were for personal use. Possession with intent to distribute is a felony and alleges that you intended to sell or distribute the drugs.
Potentially. The charge is based on the intent to distribute, not actual sales. Prosecutors often use circumstantial evidence like the quantity of drugs, presence of packaging materials, or large amounts of cash to allege intent.
Law enforcement looks at factors such as the quantity of drugs, presence of scales or packaging materials, large amounts of cash, communications suggesting drug sales, and sometimes information from informants.
Lack of knowledge or possession can be a strong defense. We may argue that you were unaware of the drugs’ presence or that they belonged to someone else.
While intent to distribute charges are serious, there may be options for first-time offenders, such as plea bargains or alternative sentencing programs. Every case is unique, and it’s crucial to discuss your specific situation with an experienced attorney.
Drug convictions, especially those involving distribution, can have severe immigration consequences, potentially leading to deportation or inadmissibility. If you’re not a U.S. citizen, it’s crucial to work with an attorney who understands the immigration implications of these charges.
While California has legalized medical and recreational marijuana, distribution outside of licensed dispensaries remains illegal. The amount of marijuana and other circumstances can lead to intent to distribute charges even for medical users.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
