Factors of Intent to Distribute Charges in Bethesda
There are a number of charges that an individual may face when accused to be in possession of drugs. The factors involved in an intent to distribute charge in Bethesda include the individuals responsible for assigning the charge, the amount of drug in possession, as well as a large number of charges available to the accusers.
If you are facing this charge, contact a Bethesda intent to distribute attorney for the best chance at achieving the best outcome depending on the facts and circumstances of the case.
Determination of Charges
Initially, the police officer determines whether someone is charged with possession or possession with intent. They make determinations based on the evidence discovered during their investigation or during the course of the arrest. Sometimes, if they do not make that determination or if the prosecution disagrees with the charge, prosecutors can make a decision about whether somebody is in possession with intent to distribute drugs or simple possession.
When a prosecutor makes a determination that someone is in possession with intent to distribute; it is up to a judge or a jury to determine whether the prosecution has proof.
Escalation of Charges
Whether charges escalate from a simple possession to possession with intent depends on each individual case. There are different factors that determine whether somebody should be charged with possession or possession with intent and it depends on the determinations of the police officer, prosecutor, or judge regarding the evidence in the case.
There are different factors that determine whether somebody should be charged with possession or possession with intent and it depends on the determinations of the police officer, prosecutor, or judge regarding the evidence in the case.
Intent to Possess or Intent to Distribute
A person can be charged with intent to possess as well as intent to distribute. They are two different kinds of charges.
A possession with intent to distribute charge in Bethesda is where a person is in possession of a larger quantity of drugs as well as other factors that are consistent with an intention to sell or distribute at some point in the future.
Actual Distribution Charges
The question is whether somebody can be charged with felony distribution. In those circumstances, it is not just the intent to distribute being evaluated but the actual distribution. Those circumstances are different in the way they must be proved by the prosecution.
When charging actual distribution, generally officers or witnesses observe a transaction that demonstrates the person participated in the act of the distribution of a controlled substance.
Constructive possession is a term used to try and prove the element of the actual possession of a controlled dangerous substance when it is not physically in somebody’s possession.
Actual possession usually means that somebody has a controlled dangerous substance on their person. It may be in their pocket, in a bag they are carrying, or in their shoe or some other part of their body.
- Constructive possession is different. If there is enough evidence to prove it, it qualifies as possession with respect to these kinds of criminal charges. However, the requirements are different and more easily defensible.
- Constructive possession might involve a person being in close proximity to a controlled dangerous substance. For example, it is in their home, their car, or in some location that is within their dominion and control.
- Officers and prosecutors may use circumstantial evidence to connect an individual to particular controlled dangerous substances that were not near the location of the person or within their dominion and control.
- Constructive possession can be used to prove a criminal case in the same way as actual possession, but there are more defenses available to a constructive possession case than an actual possession case.