David P. Shapiro, San Diego Criminal Attorney, explains the steps to take if under investigation for Drug Possession With Intent to Sell in San Diego. If you find yourself in this situation, you'll need to hire an experienced, local, respected law firm, that knows how to defend these types of charges. Call the Law Office of David P. Shapiro if you would like more information.
Law Office of David P. Shapiro
3500 5th Avenue
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San Diego, CA 92103
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Hi, my name is David P. Shapiro. I am a San Diego criminal lawyer. I'm also the owner and managing partner at the Law Office of David P. Shapiro located in San Diego. My firm helps good people regain control of their future when charged with a crime, and in this video, I want to discuss the charge of Drug Possession With Intent to Sell.
Well, let's break that down a little bit. First, it implies you actually have to possess the drugs. Now there could be possession where you physically have it on you, you have it in your car; you have it in your home. There are other ways, less likely, that they could sort of argue possession against you, but for purposes of this video let's focus on it's on your car, it's in your house, it's in your home.
As far as the next portion, “With Intent to Sell”, well, it doesn't mean you're actually going to sell it. It doesn't mean you sold it. Basically what they look at is, is this drug for personal use or is it going to be distributed at some point, whether sold by someone that doesn't even necessarily need to be you? And the difference between Simple Possession and Possession With Intent to Sell is really big. And it's really important, particularly after the law changed a couple of years ago making Simple Possession of most drugs, even stuff like heroin, cocaine, methamphetamine, simple misdemeanors.
So if you possess a drug without the intent to sell, almost always it's going to be charged as a misdemeanor. If you possess the drug with the intent to sell, and more importantly if that can be proven, you're dealing with a non-reducible felony charge. What that means is that it's a felony for life if you get convicted of it. There's no way to reduce that charge to a misdemeanor.
Some issues that come up; some good defenses that come up when dealing with Possession With Intent to Sell; How'd they get the drugs to begin with? How'd law enforcement stop you? How'd they search you? Was there an issue there? And with the theory being that if there is an issue with the search or the underlying detention, everything after that, including the finding of the drugs and any statements you may or may not have made about the drugs, should be suppressed or kept out of evidence.
You also want to look at, “Well, what was the amount of drugs?” If we're dealing with seven, eight grams of a drug, that's a better argument than if you're running around with fifty to sixty grams or kilograms of a drug as it relates to possession for purposes of sale. So there's a lot you could do, a lot your attorney could do, if you hire the right attorney for your type of case. Certainly you want to look at a law firm that has experience defending against these types of cases and a law firm that has a good reputation within the community, and knows all the key players on these types of cases so they make sure they represent you the most effective way possible given your investment into the firm, given your investment into the future to try and stay out of jail, to try and avoid a felony conviction, and hopefully have this case have only a minimal effect on your current life and on your future situation and your future endeavors moving forward.
So if you find yourself or a loved one charged with Possession With Intent to Sell or Distribute, we encourage you to call our firm for assistance. We can be reached at 619-295-3555.
