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San Jose, CA drug charges attorneyWhen facing any type of drug charges in California, it is a serious matter that requires immediate, aggressive legal representation. Even a small amount of a controlled substance could leave you facing heavy fines and a potential jail sentence. If you are in possession of larger amounts, drug sales could be inferred, exposing you to mandatory minimum penalties. Recent cases involving two men charged with drug sales and distribution-related crimes in San Jose show just how serious these situations are and what is at stake. 

Student Faces Federal Charges In San Jose For Drug Distribution App

One 18-year-old student at the University of California at Santa Cruz allegedly created a smart phone app that allowed him to sell meth, cocaine, and other drugs to fellow students and others near the campus area. The man went so far as to hang up posters advertising the app, which was available through the Apple store. 

The app became popular and caught the attention of both the local police and the U.S. Department of Homeland Security, which set up a sting operation using an undercover DHS officer to catch the man in the act. The student was arrested and indicted on drug distribution and possession charges in the San Jose federal court. He is currently awaiting bail and faces of up to $5 million in fines and up to 40 years in prison. 

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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.

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