Evidence in Ocean City Possession With Intent to Distribute Cases
Due to the fact that intent must be proven in PWID cases, there is a variety of evidence that prosecutors may seek to use to demonstrate a person’s intent to distribute. The following is a list of some of the most common types of evidence used in these cases and how an Ocean City possession with intent to distribute lawyer can help. To discuss your case, call and schedule a consultation today.
Scales and Baggies
If the police make contact with a person in their home and find some quantity of drugs and a scale, then that can be argued as being used to weigh drugs to break them into smaller quantities to place them in multiple packages. The same thing is true of any sort of packaging materials like baggies. It can be proven by going through the person’s trash, where the police find not an entire baggie, but a piece of a baggie where it’s clear that a knot was made in the end and the rest of the bag was discarded. That has been presented to a jury as evidence of packaging, which was proof of the intent to distribute.
Also, a person having a large amount of cash on them can be used to prove their intent. If a person is stopped and they have a lot of small bills in their wallet, the argument could be made that they are distributing and what they have are the profits from making $10 and $20 sales. Sometimes that is argued when somebody has money in different locations. They may have money in a wallet, but they also may have a large amount of money in their left front pants’ pocket or they have a large amount of money that is just cash in a drawer in their bedroom.
A big deal is made out of a person having a lot of cash and that somehow is indicative of the fact that they have sold drugs and this is the proceeds from their sales. However, this is not indicative of the fact that they’re selling drugs; it’s just the nature of how some jobs compensated for their work. Sometimes it’s very unfair, because the state is going to try and make behavior that is completely innocent and suggest that behavior is illegal.
Possession of a Drug
Another indicator of intent to distribute would be a person who possesses a drug, but they do not possessing any sort of device that would be used to ingest that drug. If they don’t have a pipe that they would use to smoke it or they don’t have a needle which would be used to shoot up with, the state will argue that their intent was not to use it, but to distribute it. There are a lot of different factors that can be evidence of intent.
Text messages or photos on a phone are used very frequently to show what the person intended to do with the drugs. If there are multiple text messages back and forth where the person is talking about making a sale, or people are contacting the person asking if they have anything and they respond back and get into a conversation about when to get it and how much, all of that can be used to prove that the person possessed the drug with the intent to sell it.
It’s also important for people to understand that the police do not necessarily end their investigation upon arrest. In certain jurisdictions, the prosecutors monitor jail phone calls. There is no privacy in those calls, and the inmate is even advised that the call is being recorded and the contents of the call can be reviewed.