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What are the Laws on Intent to Distribute Drugs in Sacramento?
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Laws on Intent to Distribute Drugs in Sacramento
Getting charged with intent to distribute drugs in Sacramento can lead to some pretty serious consequences. The penalties depend on the type and amount of drugs, but generally include hefty fines and years in prison. Understanding the laws and potential defenses is crucial if you find yourself facing these charges.
What is Intent to Distribute?
Intent to distribute simply means possessing drugs with the intent to sell or distribute them to others, rather than just for personal use. Prosecutors don’t need to prove that you actually sold drugs, just that you intended to based on the amount you had and other circumstantial evidence.
Some factors that may indicate intent to distribute include:
- Large quantities of drugs
- Packaging materials like baggies or scales
- Large amounts of cash, especially in small bills
- Text messages or recorded conversations about selling
- Prior drug distribution convictions
The threshold amounts that qualify as intent to distribute versus simple possession vary by drug. For example, possession of over 1 gram of heroin or 5 grams of meth is considered intent to distribute.
Penalties for Intent to Distribute
Intent to distribute is charged as a felony in California. The possible sentences depend on the type and amount of drug:
- Marijuana: Up to 4 years in prison. This increases to 5-15 years if selling to a minor.
- Heroin or cocaine: 2-4 years for smaller amounts up to life in prison for larger trafficking amounts. Enhancements like selling near schools or previous convictions can add more time.
- Methamphetamine: 2-4 years for smaller amounts up to 9 years for larger amounts.
In addition to prison time, these charges carry fines up to $100,000 or more. Your driver’s license will also be suspended for up to 5 years.
Defenses Against Intent to Distribute
There are several legal defenses that a skilled criminal defense lawyer may use to fight intent to distribute charges:
- Lack of intent: The drugs were for personal use only, not distribution. This is a common defense when the amounts were small.
- No possession: The drugs belonged to someone else, such as a partner or roommate. You must not have knowledge and control over the drugs to be guilty of possession.
- Entrapment: You were illegally induced by police to commit a crime you otherwise wouldn’t have.
- Illegal search: The drugs were discovered through an unconstitutional search, making the evidence inadmissible.
- Misidentified substance: Lab tests show the seized substance was not actually illegal drugs.
- Medical marijuana: You possessed marijuana for valid medical purposes.
A good lawyer will thoroughly examine the evidence and circumstances around your arrest to build the strongest defense.
Getting Legal Help
Facing intent to distribute charges in Sacramento can be scary. But an experienced criminal defense lawyer can help protect your rights and future. They will conduct a thorough investigation, build defenses, negotiate with prosecutors, and represent you in court.
With the right legal help, you may be able to get charges reduced or dismissed, or pursue drug court or diversion programs instead of jail time. Don’t wait to get advice from a lawyer if you are being investigated or charged with intent to distribute drugs. The earlier you have strong legal counsel on your side, the better.
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