In the sphere of criminal law, establishing “intent to distribute” drugs can be accomplished through direct or circumstantial evidence. Occasionally, authorities may hold direct evidence, including explicit statements from the accused stating their intention to sell drugs or instances where the accused sold narcotics to an undercover officer.
Most commonly, however, cases hinge on circumstantial evidence such as multiple drug-packed baggies, scales, or substantial quantities of drugs. Keep reading to learn more about drug charges in California and contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The Prosecution’s Case: Proving Possession with Intent to Distribute
In a successful prosecution for drug possession with an intent to distribute, law enforcement and prosecutors must prove the defendant’s intent beyond a reasonable doubt, either through direct or circumstantial evidence. Notably, the prosecution doesn’t necessarily need to prove the illicit substances were intended for sale. Showing the defendant planned to distribute or deliver the drugs, even without expecting anything of value in return, can suffice. This is why in some states, the offense is known as one of the following:
- Possession with Intent to Deliver (PWID)
- Possession with Intent to Distribute
- Drug Possession with Intent to Sell.
Preventing authorities from proving this aspect of the possession charge is essential, as an effective legal defense can avoid a serious criminal conviction. Most convictions on these charges are felonies that can result in several years in prison, often with a mandatory minimum sentence.
Direct Evidence
Direct evidence reveals the defendant’s intent to sell a controlled substance without the need for inference, portraying the defendant’s actions toward selling the drug. Examples might include:
- A police officer witnessing the defendant selling drugs
- The defendant selling to an undercover officer
- The defendant explicitly stating their intent to sell drugs
However, relatively few cases have direct evidence of an intent to sell.
Circumstantial Evidence
Most criminal charges rely on circumstantial evidence of the defendant’s intention to sell a controlled substance. Circumstantial evidence is an indication of intent, but it requires inference. Examples of circumstantial evidence include:
- The defendant being arrested with a large quantity of drugs, more than for personal use
- Packaging equipment found with the drugs
- The defendant being arrested in a known drug dealing area
- Large amounts of cash or weapons in the defendant’s possession
While none of these individual pieces of evidence necessarily prove the defendant’s intent, prosecutors argue that the “totality of the circumstances” suggests an intention to sell. It’s important to note that circumstantial evidence does not imply a weak case, as most convictions for these types of offenses hinge primarily on circumstantial evidence.
Potential Legal Defenses
Defendants can raise certain legal defenses to challenge or explain any evidence of their intent to sell a controlled substance, such as:
- The drugs were found during an illegal search without probable cause
- The drugs did not belong to the defendant
- The drugs were for the defendant’s personal use
- The police entrapped the defendant
- The defendant was unaware they possessed a controlled substance
Some defenses, if successful, can lead to an acquittal, while others can merely reduce the severity of the charges.
Understanding the Law in California
In California, Health and Safety Code 11351 HS prohibits possession of a drug with the intent to sell or distribute it. To prove this offense, prosecutors must show that:
- The defendant unlawfully possessed a usable amount of a controlled substance,
- The defendant knew of its presence,
- The defendant knew the substance was a controlled substance, and
- When the defendant possessed the controlled substance, they intended to sell it or have someone else sell it.
Notably, the defendant doesn’t have to intend to sell the drugs personally; prosecutors only need to show that the defendant intended for someone to sell the drugs. Contact Chambers Law Firm at 714-760-4088 right away if you are facing this or other criminal charges.
