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A monthslong drug investigation ended with Santa Rosa police arresting three suspects accused of selling narcotics while working as street vendors. Santa Rosa residents Victor Martinez-Diaz, Jose Cazares and Marcos Ambrosio-Cortes are each suspected of possessing a controlled substance for sale, transporting a controlled substance for sale and conspiracy. Around a. June 12, police said, investigators conducted surveillance in the block of Jennings Avenue and spotted Cazares, 21, entering a white van driven by Marcos Ambrosio-Cortes, Police searched the van and found two street vendor bicycles plus a fanny pack containing a loaded semi-automatic handgun. There was also cash, credit cards and seven plastic baggies that each contained a gram of cocaine, police said. Martinez-Diaz was stopped in another van that contained a bicycle, about 2. A handgun magazine, seven boxes of ammunition and cash were discovered at an unspecified location in the block of Hopper Avenue. You can reach Staff Writer Colin Atagi at colin. Santa Rosa suspects sold drugs while working as street vendors, police say Three suspects were identified in an investigation that began in April. Cash, drugs and a gun were recovered in the case. October 23, Cazares is also accused of being armed while dealing drugs A drug investigation began in April and Martinez-Diaz, 49, was identified as a dealer, according to the Santa Rosa Police Department. No profanity, hate speech or personal attacks. No off-topic remarks. No disinformation about current events. We will remove any comments — or commenters — that do not follow this commenting policy. Send a letter to the editor.
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In Sonoma County, methamphetamine is by far the drug of choice. The major difference between a simple possession charge and a charge of possession with intent to sell is just the intent. In order for the prosecution to prove or get you convicted of the crime of possession with intent to sell, they have to prove that you had the specific intent to possess this drug with the intention of selling it or distributing it or even giving it away. In terms of punishment, the difference is vast. In order to prove the case of possession with intent, law enforcement and the prosecution will usually look for signs or indications that it was not possessed for personal use. Some of the common things they look for are how the drug was packaged, is this packaged in multiple separate baggies as opposed to one baggy that can point to possession with intent. If there is other indicia of sale such as scales, ledges or sheets regarding evidence of sales, text messages regarding evidence of sales, clean packaging material that may demonstrate an intent to further package the material, it can all be used as evidence against the person that the drug possessed was intended for sale. A very small amount of drugs that is common for a user to possess is going to be charged as personal possession, anybody who possesses a larger amount of drugs even in one separate package could be looking at a possession with intent to sell just based on the amount of the drugs. In California, possession with the intent to sell is punishable by time in state prison. However, most people will be eligible now to serve that time in local jail or be granted probation. The punishment for possession to sell cocaine or heroin under , which are the most common drugs in that classification, is punishable by 2, 3, or 4 years in local jail or state prison for some people. The punishment for possession to sell methamphetamine, which we commonly see here in Sonoma County, is punishable by 16 months, 2 years, or 3 years in state prison. There are other drugs associated in that class as well but Methamphetamine is by far the most common one you see. Penal Code Section says that non-violent simple possession users cannot be sentenced to jail; they must be sentenced to probation and treatment. In Sonoma County, the treatment option is typically a very limited outpatient treatment program that can include testing and can include supervision. If you successfully complete that outpatient treatment program, you will not go to jail. Furthermore, if you successfully complete the outpatient treatment program under Penal Code section , at the end, you can come back to the court and petition to have your case dismissed to clear your record. Sentencing is the same. Some people think that if they used to have a prescription, they can still somehow possess prescription drugs and be immune from punishment, but the prosecution and law enforcement will come after you if you possess any type of prescription drug without a current and valid prescription. Another common misconception in California is since we have relaxed our drug laws as to simple possession, is that those relaxed laws apply to all drug cases. However, if you are charged or convicted of possession with the intent to sell, selling drugs or transportation of drugs, you will not qualify for any diversion program or any relief under Penal Code Section and possession for sale is still treated as a strict felony case punishable by years in county jail or state prison. There are also many resources in the county that will help people looking to get off drugs and when judges and DA see that people are making a sincere effort to take care of their drug problem that can absolutely help your case in the long run. Similarly, many drugs are found under consensual searches if people are stopped walking down the street or as passengers in the car. Even though the Supreme Court has ruled that law enforcement needs to get a search warrant to go into your phone, they can still, upon arrest, seize your phone, keep it, apply for a search warrant and later go into your entire phone download all the contents and look for text messages, emails, phone calls, photos or any other type of material that can link to evidence of drug sales. Similarly, even if people are arrested and charged and come into the custody on the drug related offense, sometimes if they have information that is valuable to law enforcement, they may be able to mitigate their case or even get it completely dismissed if the information they can provide to law enforcement is valuable enough for the case. For more information on Common Types of Drug Cases , a free initial consultation is your next best step. First Name. Last Name. Email Address. Phone Number. Tell us what happened. Phone: Map of Office Location. Find Us. Call Us. Possession vs. Intent to Sell or Distribute Charge The major difference between a simple possession charge and a charge of possession with intent to sell is just the intent. Penalties for Possession With Intent to Sell In California, possession with the intent to sell is punishable by time in state prison. Getting Arrested is Never Easy. Close Download Guide Now. Get Help Now. Free Initial Consultation.
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One pound of suspected cocaine was also seized from the pair in the Santa Rosa home they shared with two young children, police said.
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Today medical marijuana's the thing, but a century ago, it was medical cocaine and morphine – likewise legal, as long as you had a prescription.
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