Frederick Drug Possession with Intent to Distribute Lawyer
Possession with intent to distribute is defined as someone being in possession of some quantity of a controlled dangerous substance that might be indicative of the distribution of that substance.
If you believe you are being investigated for this charge or have already been charged, a Frederick drug lawyer with experience handling possession with intent to distribute charges can help.
Elements of Proof
There are two elements that must be proved in a Frederick drug possession with intent to distribute case. First, there is a controlled dangerous substance in somebody’s possession.
Second, something about the substance in the person’s possession such as the amount or packaging gives the impression it was their intention to sell or distribute that particular controlled dangerous substance.
The prosecution must prove that somebody was in possession of a controlled dangerous substance unlawfully and that something about the controlled dangerous gave the indication that there was intent to distribute it. A Frederick possession with intent to distribute attorney can help an individual build a defense and fight these allegations.
Possession vs. Intent to Distribute
Intent to distribute changes a simple drug possession charge from a misdemeanor to a felony. That magnifies the severity of the consequences as well as the type of criminal record one might receive as a result of that charge.
Simple possession charges include maximum penalties of 12 months in jail for possession of between 10g and 50 pounds. Felony possession with intent to distribute charges includes minimum penalties of up to five years and could go higher.
The question of intent as it relates to drug possession with intent to distribute is determined by different factors. There is no specific amount or quantity that indicates when somebody should be charged with possession with intent to distribute.
The indication of intent could be many things, including:
- The quantity
- Where it was kept
- How it was stored
- Whether it was broken down into smaller, individualized quantities consistent with resale
- Whether large amounts of cash were nearby
- The existence of ledgers, client lists, and things of that nature.
In Frederick, there are diversion programs available for first-time possession charges because they are misdemeanor cases. For first-time felony possession cases like possession with intent to distribute or distribution of a controlled dangerous substance, there are usually no diversion programs available for such offenses.
Importance of an Attorney
These charges have significant constitutional issues raised with respect to their evaluation. Most importantly, the Fourth, Fifth, Sixth, and Fourteenth Amendments play a huge part in determining what evidence can be used during the course of a criminal prosecution, how the evidence is collected, and how it can be brought to a particular case.
A drug possession with intent to distribute attorney in Frederick with experience litigating these types of issues is current on the most recent developments and landmark case law relating to these particular constitutional issues. This is extremely important when evaluating any defense for these types of charges.