1530 The Alameda, Suite 115, San Jose, CA 95126

FREE CONSULTATIONS 408-246-5500 | 800-576-4210Se Habla Español

When Will You Be Charged with Drug Possession with Intent to Distribute?

Posted on in Criminal Defense

San Jose Drug distribution chargesDrug crimes are a serious matter in San Jose. Drug activity in the area often leads to other types of criminal offenses, such as robbery, assault, and attempted homicide. As a result, police are aggressive in charging suspects while prosecutors work hard in obtaining convictions. When facing drug crime allegations, it is important to take action immediately in building a strong legal defense. The charges you face will depend both on the type of drug and the quantity involved. Even if you are found with relatively small amounts of drugs in your possession, you could be charged with intent to distribute. 

Drug Possession Leads to Nearly Four Year Prison Sentence 

A federal judge handed down a lengthy sentence in April 2019 to a local San Jose man who had been charged with possession of an illegal substance and the intent to distribute. The man had pleaded guilty more than a year ago for possession of methamphetamine. In the plea agreement, he confessed to buying several kilograms of the drug over the fall of 2016 and the early months of 2017, with the intent of selling the meth to other people. In one incident, he traded roughly 543 grams of the substance for $3,500 in cash. 

Due to the nature of the crime, the type of drug, and the quantities involved, his criminal case ended up in the hands of federal prosecutors. The U.S. Department of Justice originally charged him with two counts of conspiracy and possession with intent to distribute, which could have left him with a decade's long prison sentence. After the man pled guilty to one count of possession with intent, the remaining charges were dropped. He was sentenced to three years and nine months in prison. He is also subject to three years of supervised release, which will run after his sentence is served. 

When Drug Sales and Distribution Is Inferred

Under the California Health and Safety Code, selling or purchasing a controlled substance with the intent to distribute is a serious offense that could result in fines of up to $20,000 and up to four years in jail. You do not have to be attempting to purchase or be in possession of large amounts of drugs at the time of your arrest in order to face these types of charges. Prosecutors can charge you with intent to distribute if the following evidence exists: 

  • You have the drugs separately packaged into smaller sizes or have items such as baggies and scales in your possession;
  • You have significant amounts of cash on your person or at your property, particularly in smaller denominations; and
  • Witnesses or police surveillance show numerous people approaching you on the street or entering and exiting your home. 

Contact a San Jose, CA Drug Charges Attorney for Help

At the Jachimowicz Law Group, we know that the best defense begins early in your case. If you are facing drug charges, call 408-246-5500 or contact our skilled San Jose, CA criminal defense attorneys online to request a free consultation today. 





Elite Lawyer Badge CAC CACj sbc nacdl calbar lead councel sccba sl
Back to Top