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Former Fresno Deputy Police Chief Convicted on Drug Dealing Charges

Posted on in Criminal Defense

San Jose criminal defense attorneys, drug dealing charges, drug distribution law, controlled substance possession, drug dealing defenseGuns.com reports that a former Fresno deputy police chief was recently convicted of two drug dealing-related crimes—conspiracy to distribute and possession with intent to distribute heroin and marijuana. While the 53-year-old former deputy chief has not yet been sentenced, he is facing up to 25 years in prison and up to $1,250,000 in fines. Based on these harsh penalties, it is exceedingly obvious that the crimes of conspiracy to distribute and possession with the intent to distribute are serious violations in California.

Possession with Intent to Distribute

Under the California Health and Safety Code section 11351 it is a felony offense to possess certain controlled substances (for example heroin, cocaine, or LSD) with the intent to sell them. As you may have guessed, many possession with intent to distribute cases in California hinge on whether or not the defendant intended to sell the drugs that were found in his or her possession. In order to show that a defendant intended to sell his or her drugs, prosecutors present evidence in court demonstrating an indicia for sale (i.e. circumstantial evidence indicating that a sale was likely intended). Indicia of sale evidence in possession with intent to distribute cases often includes possession of large quantities of a controlled substance, scales, stockpiles of cash, paraphernalia commonly used for distribution (for example small plastic baggies), etc.

Conspiracy to Distribute

California’s drug distribution laws make it illegal to transport, import, transfer, or sell a controlled substance within the state. Additionally, it is also illegal to conspire to commit one of these illegal acts. Conspiracy, as defined in section 182(a) of the California Penal Code, occurs when two or more people conspire to:

  • Commit a crime;
  • Falsely and maliciously indict another for a crime;
  • Falsely and maliciously cause another to be charged or arrested for a crime;
  • Falsely maintain a suit, action, or proceeding;
  • Cheat and defraud any person of any property by criminal means;
  • Obtain money or property by false pretenses or promises with a fraudulent intent; or
  • Commit an act that is injurious to the public health or public morals, or that obstructs justice or the due administration of the laws.

In other words, a person can be found guilty of conspiring to distribute a controlled substance in California if he or she (1) planned with at least one other person to illegally distribute a controlled substance and (2) at least one of the conspiring parties committed an overt act in furtherance of the planned crime.

Contact Us for Professional Help

If you have been charged with illegally selling or distributing drugs in Northern California, contact the experienced drug dealing defense attorneys of Jachimowicz Law Group without delay. Our attorneys will review your case, evaluate the evidence presented against you, and craft a defense strategy specifically tailored to suit your unique situation. You need a skilled attorney handling your case, so contact our office today and schedule a free initial consultation with one of our exceptional San Jose criminal defense attorneys.

Sources:

http://www.guns.com/2017/05/25/former-california-deputy-chief-convicted-on-drug-trafficking-charges/#main

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=11351

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=182

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