Drug distribution is among the most serious and frequently prosecuted charges when it comes to drug-related crimes. At Lessem, Newstat & Tooson, LLP, we understand that it can be frightening when you are accused of distributing drugs, which is why our talented team of compassionate lawyers is committed to helping clients navigate each phase of the legal process. Below, we explain possible strategies for defending your rights if you are facing these charges.
What Is Drug Distribution?
Under California Health & Safety code 11352, it is illegal to sell and transport drugs and controlled substances. Drug distribution is defined as the following:
- Offering sell, furnish, administer, give away, transport for sale, or import a controlled substance into California.
- Having knowledge that the drug was a controlled substance
- Having knowledge of the drug’s presence
- In cases involving alleged transportation of a controlled substance, there must be a “usable amount” of the controlled substance
Drug distribution charges are often the result of circumstantial evidence that suggests a defendant had the intent to distribute, rather than solid proof that the accused engaged in the sale or distribution of the controlled substance.
For example, if authorities find a person with a large amount of cocaine in their possession, as well as substantial cash funds, they can face distribution charges, even if the police didn’t actually catch them selling or distributing the drugs.
However, a skilled criminal defense attorney who is familiar with drug crimes cases can find flaws in the prosecutor’s case and challenge the charges with a compelling defense strategy. Possible defense strategies an attorney might be able to use to defend against drug distribution charges include:
- You had a legal prescription for the substance
- You were the victim of entrapment
- You had no intent to sell or distribute the substance
- You were never in possession of the substance
- You were unaware of the illicit nature of the substance
- The prosecution’s evidence was tampered with or flawed
- The prosecution doesn’t have enough evidence to prove the crime beyond a reasonable doubt
- There was no probable cause for the officer to arrest you
If you or someone you know has been accused of drug distribution or possession, then please reach out to our legal team at Lessem, Newstat & Tooson, LLP to get started devising a strong defense strategy. Call (800) 462-7160 to request your free case consultation.