Norfolk Intent to Distribute Lawyer

Possession with intent to distribute is defined by Norfolk law as possessing a scheduled substance and intending to distribute it to persons other than the accused. The investigating officers or the common law attorney are in charge of determining the difference between possession or possession with intent to distribute. The penalties, including jail time, could be severe.

If you have been accused of possession with the intent to distribute, it is best to seek help from a seasoned criminal drug attorney. An attorney could help you avoid the harsh penalties of a guilty verdict. A Norfolk intent to distribute lawyer could review the facts of the case and collect evidence to prove your case.

Intent to Distribute Charges

In terms of common ways that this is charged, the prosecution could include with this charge the amount possessed. For example, they could charge possession with intent to distribute 100 grams of heroin or 500 grams of cocaine.

It is common in Norfolk for a charge to escalate from simple possession to possession with intent. The decision to escalate a charge from possession to possession with intent to distribute could be based on the quantity of drugs found, the presence of packaging materials, the presence of large sums of money, multiple weighing scales, and multiple cell phones.

The Prosecution’s Case

In possession with intent to distribute cases in Norfolk, the prosecution must prove that the accused person possessed illegal substances, knowing of their character and nature, intending to distribute them to other people.

When filing charges, the prosecution could include intent to distribute with the amount possessed. For example, they could charge possession with intent to distribute 100 grams of heroin or 500 grams of cocaine.

Proving Intent

There are many ways a case is investigated to specifically assess intent other than or related to a drug possession. Often, intent must be proven by circumstantial evidence. Cases regarding possessing with intent to distribute often involve police surveillance, use of informants, and wiretapping.

Potential Penalties of a Conviction

If the defendant is found guilty, they may face serious consequences. The potential penalties could be mandatory minimum jail sentences. Depending on the amount possessed, the conviction could carry five years for a first offense for possessing with intent to distribute 100 grams or more of heroin, 500 grams or more of cocaine, or 10 grams or more of methamphetamine.

Understanding Constructive Possession

Constructive possession exists when an individual knows of the presence and character of legal drugs and exercises dominion and control over those drugs. While presence on or occupancy of predecease do not establish constructive possession alone, constructive possession could be proven through circumstantial evidence. For example, someone is driving a vehicle and inside the vehicle is a backpack.

The accused person is the only person in the vehicle. Inside the backpack are all of this individual’s personal items along with a significant quantity of drugs. That person could be charged with constructive possession of those drugs, even if they were not on that physically with person.

Retain the Services of a Norfolk Intent to Distribute Attorney

It is important to have an attorney when facing intent to distribute charges in Norfolk because possessing schedule one or two drugs with the intent are series known charges. Distribution charges often involve constitutional issues and could prove to be complex cases to defend in court. Having a lawyer is essential to having any hope in beating such charges.

Call today to learn about how a Norfolk intent to distribute lawyer could help your case.