Drug Distribution Charges in Newport News
More serious than possession with intent to distribute cases are cases where there was actual distribution of the controlled substance. Distribution is charged when there is a great deal of evidence of distribution such as an actual buy. Often aggravating factors include a very large amount of the drug, distributing near a school or distributing to minors. In cases like that, the penalties are much more severe and it’s not uncommon for someone to spend a very lengthy amount of time in jail. To mitigate potential penalties in a case like this, speak with a Newport News drug lawyer as soon as possible to begin building the defense for your case.
Priority for Newport News Police
Drug distribution charges are definitely a priority for Newport News law enforcement officers. These sorts of cases generally come about when law enforcement officers utilize confidential informants to get involved with the dealers and conduct undercover buys. The purpose of doing this is to remove the dealers from the equation in hopes of tackling the amount of drugs circulating throughout Newport News.
What Prosecution Must Prove
The prosecution has to prove that the defendant has possession of the drugs and that there was either a high amount of the drugs or there was evidence present that suggested distribution. This type of evidence includes scales, baggies, large amounts of money, multiple phones, a list of names and similar evidence. In situations with undercover buys the prosecution has to prove that the defendant was the one distributing the drugs. They can do this by having video or audio evidence of the transaction.
For distribution cases, specifically, then usually there’s a confidential informant or an undercover officer. An issue that’s highly contested at trial is whether this informant is reliable and should be deemed a credible witness against the defendant.
Constitutional Issues in Drug Distribution Cases
The types of constitutional issues that come up in Newport News drug distribution cases are the same type of constitutional issues that come about in pretty much every type of drug case. Most drug cases begin with Fourth Amendment issues. The issue of whether there was probable cause for the search or seizure tends to be a topic of debate regardless of what the particular drug charge is. Was there probable cause for a search of someone or their property and was there probable cause for the seizure of those properties? All of this needs to have been done lawfully in order for it the evidence procured to stand in court. If not, then it’s not admissible, which generally results in the case not having any merit and needing to be thrown out.
How a Newport News Drug Lawyer Can Help
You should look for an attorney who has handled similar cases in the past, because there are a lot of issues that need to be addressed in trial that can make a difference in your outcome. You should also find a Newport News drug attorney who is willing to negotiate with prosecutors to get your best-case scenario.
Similarly, it’s important to find an attorney who will be realistic with you and will explain to you what the pros and cons are of fighting your charge. Sometimes there are better alternatives in fighting a losing battle and sometimes the possible benefit of fighting a charge will outweigh the risks.
The case analysis is something that you should be wholly invested in along with your Newport News drug attorney. You should ensure that you have an attorney who will thoroughly present to you all of the information you need to make an informed decision.