Virginia Beach Possession with Intent Lawyer
To be charged with possession with intent to distribute in Virginia, the individual does not have to have the drugs on them for personal use, but to sell them or give them to somebody else.
If you have been charged with such a crime, it is pertinent that you consult with a Virginia Beach possession with intent to distribute lawyer as soon as possible. An experienced attorney will be able to craft a defense to help combat the prosecution’s charges.
Bringing Forward the Charge
The decision to bring forward the charge is usually made by the arresting officer. A lot of these circumstances, however, do not occur during traffic stops. They can stem from traffic stops, but many times, specific drug agencies and/or the police department is targeting people they believe are distributing a certain amount of illegal substances.
The officer will often make that claim or will make that decision. The prosecutors will often make that decision if the officer charged an individual with possession with intent. Then, the commonwealth will review it and decide that it should not have been a possession with intent which will then bring the charge down to possession. In another situation, an inexperienced officer may charge an individual with possession and then the prosecutor will review it and decide that it should be treated as possession with intent.
To properly defend against any classification of the charge, it is critical that an individual consult with a Virginia Beach possession with intent to distribute attorney immediately. To learn more about how law enforcement officers and prosecutors build possession with intent cases, click here.
Escalating the Charge
It is not common that a charge will escalate from simple possession to possession with intent to distribute, but it happens. Usually, if there are any question, they will charge an individual with possession with intent from the beginning. It is easier, procedurally, to reduce a charge than it is to escalate a charge. The escalation in charge also increases the penalties significantly.
If it is an individual’s first offense of possession with cocaine, for example, and they have no criminal record, they are probably looking at no jail time. However, if it is the individual’s first offense of possession with intent, they are probably looking at a year in jail. This is based off of the sentencing guidelines that judges use to adjust possible sentencing.
Charged with the Underlying Crime
A person can be charged with both possession and the intent to distribute, however, as a practical matter in Virginia, they are likely to charge an individual with possession with intent to distribute and then reduce it later.
In theory, they could charge an individual with both but if it all occurred in one instance, they would not be able to convict the person with both. They would ultimately be merged into one charge.
Burden of Proof
The prosecution has to show that an individual possessed the drug in some way, and then has to show that the individual was planning to sell it or was planning to give it to somebody else to prove possession with intent to distribute. A possession with intent to distribute attorney in Virginia Beach can begin building a case immediately to help argue this.
The prosecution must show that the individual was not using the drug for themselves, that the individual had every plan to get these drugs to another individual, and that the intended recipient does not have to be known. A possession with intent to distribute lawyer in Virginia Beach can help defend against such evidence.
Assessing Intent
The officer looks at the quantity of the drug and will often consider the terms of the arrest to determine whether or not the case is worthy of an intent to distribute charge. Cocaine and heroin users, for instance, tend to have very small amounts on them whereas dealers will have larger quantities on them, but this is not necessarily true with drugs like marijuana.
A lot of times, the packing will be a giveaway, especially if the drugs are held in small bags that are rubber-banded and ready to be sold. Often, officers look to see if somebody has large amounts of money indicating they made a sale. Scales are another indicator. Generally, the police will tell an individual that people who distribute illegal substances will have scales with them so they can weigh and make sure they are selling the proper amount.
No matter the significance of the charge, a Virginia Beach possession with intent to distribute lawyer can help an individual lessen any penalties associated with their charge.
Constructive Possession
Constructive possession is when the item in question is not found on a person. For example, an individual might be in their car and there are five grams of marijuana in a duffel bag on the backseat. It is not sitting on the person, their hands are not on it, but the officers are going to see it in the person’s car. This would be considered constructive possession.
It is a rebuttable presumption, meaning that a Virginia Beach possession with intent lawyer can present evidence to show that an individual had no idea it was there. Using the same example, an individual may have had a number of people in their car. Maybe the driver was an Uber driver and an individual left their bag and the driver has not had the chance to return it to them. The driver may not know what is in the bag. This is one way to rebut that presumption.
Diversion Programs
There is no such thing like a first offender statute as there is for possession with intent. The legislature deems it as a more serious offense, so they are willing to work with an individual if they are using the drug but will be more inclined to put the individual in jail if they are distributing.
Benefit of an Attorney
Oftentimes, with intent to distribute charges, the cases are very fact-specific and the commonwealth has a number of elements to consider. They cannot just say they found drugs in the person’s pocket to convict them like they can sometimes do with a simple possession charge.
The prosecutors have to show that an individual was not using it for themselves, and that is something an experienced attorney can focus on. A lawyer might be able to demonstrate that it could be consistent with personal use. If the Virginia Beach possession with intent attorney can convince the judge of that, the penalties for possession are much less harsh than for possession with intent.