Defending Drug Distribution Charges in Orange County
California has some of the strictest drug policies of any other state in the country. If you have been arrested and charged with distribution of illegal drugs, contact an Orange County criminal defense attorney at the Law Offices of Virginia L. Landry as soon as possible. At our firm, we provide aggressive representation to those accused of: cultivating, manufacturing, distributing, and trafficking illegal substances.
Contact us today to put an experienced lawyer on your side.
Prosecuting Drug Distribution Cases
A prosecutor must be able to differentiate between possession of drugs for personal use and possession with an intent to distribute. For example, evidence such as scales, packaging materials, or weapons may suggest that the defendant intended to sell drugs.
The prosecution must be able to prove the following elements to secure a conviction:
- The defendant was actively engaged in (or offered to commit) the manufacture, cultivation, distribution, or trafficking of drugs
- The defendant know of the drug’s presence and nature as a controlled substance
- The defendant had enough of the substance to be used
If the prosecutor cannot prove the above, the defendant cannot be convicted of a distribution crime.
Penalties for Distribution of Drugs in California
The penalties for drug distribution will vary depending on the type and amount of drug in question and the defendant’s criminal history. The California Health and Safety Code sections 11351-11379 specify that the transport, import, transfer, or sale of controlled substances may result in a felony sentence of three to five years in prison. Transport from one California county to a non-contiguous county can result in a sentence of three to nine years in prison. Hiring minors to distribute drugs, or selling to minors, can result in state prison sentences of three, six, or nine years depending on the circumstances. It is also a crime to distribute chemicals used as ingredients to make drugs. A conviction may result in 16 months to six years in prison.
Possible Defenses to Drug Distribution Charges
- Possession for personal use – Possession of drugs for personal use is separate from possession with an intent to distribute. A prosecutor has to be able to prove that the defendant intended to transport or sell the substance in order to secure a conviction.
- Entrapment – If law enforcement used coercion or other overbearing tactics to induce someone to commit a crime, then the defendant may have a valid entrapment defense.
Contact Us Today for the Help You Need
The Law Offices of Virginia L. Landry has been committed to protecting the rights and freedoms of the accused in Orange County, Irvine, and the surrounding communities since 1989. We understand the life-changing implications of drug convictions, which is why we work hard to create compelling and effective defense strategies to help you obtain an ideal outcome. No matter how daunting your situation, we have the creativity and tenacity you need during this time.
We encourage you to contact our firm immediately to schedule a free and confidential consultation. We would be happy to answer your questions, address your concerns, and discuss how we can be of assistance to you.