Drug distribution is a broadly defined criminal offense that can cover a number of different activities. The penalties upon conviction will vary according to a number of different factors, but regardless, the consequences could be severe. If you have been charged with drug distribution, you will need exceptional legal defense to protect your rights and your future.
Turn to The Law Offices of Johnson & Johnson. We understand what it takes to develop a legal strategy for the best possible defense in your case. Our firm serves clients in Contra Costa County and throughout California.
What Is Drug Distribution in California?
The crime of drug distribution includes a number of different acts such as transporting, selling, and delivering illegal controlled substances and even prescription medications. Simply owning the drugs is generally not enough to prove distribution. Rather, there has to be evidence that the defendant intended to sell, offer, or supply drugs to someone.
The following activities could land someone in Contra Costa County with drug distribution charges:
- Transporting drugs: Moving a controlled substance from one place to another could result in several charges, including distribution.
- Importing drugs into the state: Likewise, a person found guilty of bringing drugs into California from another state or country can be convicted of distribution.
- Selling drugs: A defendant who is proven to be exchanging the drugs for money, services, or something of value will likely also face distribution charges.
- Furnishing drugs to someone else: Providing another person with a controlled substance is also a criminal offense.
- Administering drugs to another: Helping someone use drugs, for instance by helping them inject, inhale, or ingest the controlled substance, is also against the law.
- Giving the drugs away: Even the act of giving away drugs with no payment in return could be enough to warrant distribution charges.
Prosecutors usually view these and other behaviors as sufficient to bring distribution charges, especially if the amount of drugs discovered with the defendant is significant. However, the actual act of distributing a drug in Contra Costa County is not the only action that could get someone in trouble. Merely offering or attempting to distribute a controlled substance is also against the law.
What Are the Penalties For Drug Distribution in California?
If a defendant is found guilty beyond a reasonable doubt of drug distribution, the court may impose different penalties which depend on the unique circumstances of the case (e.g. prior convictions). Penalties could include:
- Prison: In most cases, a conviction will lead to a prison sentence of between 2 and 4 years, though in some cases they can be for 10 years or longer.
- Fines: Some fines are up to $500,000, while more modest fines are around $20,000.
- Probation: The judge may decide to sentence the defendant to probation, but this still comes with restrictions like reporting to a probation officer and drug counseling.
- Asset forfeiture: Law enforcement in Contra Costa County may seize the convicted individual’s vehicles, cash, and other assets connected to drug distribution.
Possible Defenses to Distribution Charges
Depending on the circumstances in your case, you may be able to argue several possible defenses to the distribution charges. Some examples include:
- Lack of intent: Prosecutors must prove that you intended to distribute the controlled substance in question. If you can show that the drugs were only for your personal use, you could avoid a conviction.
- Illegal search and seizure: Contra Costa County law enforcement officers must follow strict guidelines on how they search for and seize drugs. If officers obtained the evidence illegally, it could be inadmissible in court.
- Violation of your rights: In general, a defendant can raise any violation of their rights to challenge the state’s case. The arresting officer may have failed to read your Miranda rights before you spoke about the incident, for example.
- Mistake of fact: Some defendants can show that they were unaware that drugs were in their possession when they engaged in distribution. A mistake of fact defense could help you avoid serious penalties.
- Entrapment: An officer cannot compel you to commit a distribution crime you would not otherwise have committed. This is known as entrapment and you may raise it as a defense.
Contact Our Contra Costa County Drug Distribution Attorney
When you retain The Law Offices of Johnson & Johnson to defend you against drug charges, you have an advocate in your corner who is committed to contesting the charges against you and fighting for your legal rights. Find out why so many clients trust us to handle their drug distribution cases. Connect with us today to get started.
Frequently Asked Questions About California Drug Distribution Charges
How can a conviction impact my life?
Apart from the legal consequences listed above, a conviction means that you will have a criminal record which could affect your housing, employment, and more. Conviction also means that you will lose the right to vote and own firearms. If you are not a U.S. citizen, you may face deportation or denial of naturalization.
Is a reduction or dismissal of charges possible?
In some situations, especially those involving questionable evidence, improper search and seizure, and weaknesses in the state’s case, your attorney may be able to have the charges reduced or dismissed. We take a thorough look at the evidence, explore the best options for handling it, and then get to work negotiating with the prosecution.
What does the prosecution have to prove?
Prosecutors have the burden of proving, beyond a reasonable doubt, that the defendant:
- Distributed or attempted to distribute a controlled substance
- Had a usable amount of the controlled substance
- Knew the substance in question was a controlled substance
- Was aware that they had possession of the controlled substance
If the prosecutor fails to meet its burden of proof, then a conviction is not warranted. For instance, the defendant may have had only a trace amount of the drug, meaning it was not “usable.”
What should I do if I’ve been charged with distribution?
You should ask the arresting officer to let you speak with an attorney, and otherwise remain silent at all times. Do not consent to any searches and do not answer any police questions or volunteer any information. Contact our Contra Costa County law firm immediately.