Hampton Roads Drug Possession with Intent to Distribute Lawyer
For possession with intent to distribute, there are not many diversion programs. If charged with possession with intent to distribute, you are at risk of incarceration under Virginia law which could also affect your rights going forward if you are convicted. If you currently find yourself in this situation, make sure you contact a skilled attorney. A Hampton Roads possession with intent to distribute lawyer may be able to build a strong defense for you.
What Element of Drug Distribution Causes It to Be Taken More Seriously Than Possession?
Possession with intent to distribute is taken more serious than common possession due to the fact that possession with intent to distribute directly affects more people. Furthermore, possession with intent to distribute also implies that you are using and/or handling larger amounts of drugs than people who are charged with simple possession. Usually, with possession, an individual may carry a small amount, possession with intent to distribute have more drugs due to the fact that they are most likely selling it to other people.
Aggravating Factors
The most common aggravating factors are the person’s past criminal record, the volume of drugs, who they were distributing to, and there they had these drugs. Aggravating factors can include being near a school, having drugs in a house with small children, distributing to children, etc.
Law enforcement is always looking to crack down on possession with intent to distribute. Generally, they go after anyone who is a suspect, but they tend to focus more on people who are selling and distributing.
Constitutional Rights Most Often Associated with Drug Distribution
Most constitutional issues are often associated with search and seizure, which involves Fourth Amendment rights. Other issues involve people not being given their proper Miranda warnings. This may cause confusion when people give statements. If law enforcement properly gives the Miranda warnings to a person being arrested, and that person gives a statement, whatever that person says can be used in court as evidence. However, if law enforcement does not properly give the Miranda warnings to a person being arrested, and that person gives a statement, whatever that person says will not be admissible in court.
Evidence Prosecution Looks For in Order to Prove Drug Distribution Charges
Prosecution tends to look at the amount of the drug possessed. If the prosecution is dealing with a drug like marijuana, the prosecution will tend to believe that the drug was for personal use, unless that individual was in possession of hundreds of pounds of marijuana. Circumstances might change at that point. When dealing with a drug like cocaine, law enforcement experienced in the drug trade can determine whether a certain amount was held for consistent or inconsistent personal use. The packaging of the drug is also taken into consideration, as well as how the drug was found. Law enforcement is also looking for the presence of money. Scales, baggies, or things that tend to indicate somebody was selling drugs as opposed to just using the drugs are all things prosecution will look for in order to prove drug distribution charges.
Highly Contested Elements of Crime
It depends on the case. Usually, though, with a possession with intent to distribute case, the focus is on whether or not there was an actual intent to distribute. Often, these turn on small factors as to whether the defendant was just using the drugs for himself or was selling them. There may be issues about whether the search was done correctly. Very rarely are there cases that go after whether or not the object was, in fact, an illegal drug.
Contact a Hampton Roads Possession with Intent to Distribute Lawyer
When selecting an attorney, you must choose an attorney you are comfortable working with. A skilled attorney will be able to hear your case out and try to build a strong defense. Contact an experienced and confident Hampton Roads possession with intent to distribute lawyer who can give provide you with options.
