Possession with intent to distribute is possessing a controlled substance that is a Schedule 1 through Schedule 4 substance or an illegal street-level drug. Once it is possessed, the individual will be charged with possession with intent to deliver. Possession with intent to deliver is an ungraded felony charge which can carry as much as five years in jail and a $100,000 fine for a first offense.
Additionally, these fines or periods of incarceration raise when an individual is under second and/or third or more offenses. The quantity of a particular drug also impacts the minimum and mandatory sentences for the prior records for measuring an Offense Gravity Score that an individual also faces. A Bucks County drug possession with intent to distribute lawyer can help mitigate, reduce, or drop these penalties. Contact a qualified attorney today.
Possession with intent to distribute occurs in two ways. One is that an individual is seen by police or controlled source, distributing and/or selling illegal narcotics. This is the most common method in which individuals are charged with possession with intent to deliver.
It also common for an individual to be searched or detained, and if a subsequent amount of narcotics is recovered from them, and that amount is substantial enough to meet the requirements far above personal use, then the government will also charge that individual with possession with intent to deliver with the presumption that the individual could simply have not possessed that amount of an illegal substance for their personal use. This can be confusing. If an individual has concerns about how one is charged, they should seek the aid of a drug possession with the intent to distribute lawyer.
Constructive possession is a gray area when dealing with whether or not an individual can be charged and/or convicted of possession or possession with intent to deliver a controlled substance when the items are not physically on the individual. Actual possession is having the items on the person. Constructive possession occurs when the items are not on a person.
Constructive possession is defined as a drug under the exclusive dominion and control of the defendant. Examples of constructive possession include operating a vehicle with no occupants and illegal narcotics are found in a place the individual knew or should have known were there. Additionally, drugs existing in a place of abode or other places where a person has exclusive dominion and control over a location can also count as constructive possession.
The prosecution has the burden of proof to show beyond a reasonable doubt that every element of a crime has been met. In drug possession with intent to distribute cases, the prosecution must show that an individual possessed or had in their possession narcotics and physically delivered them to another individual. Thus, through observations by police and eyewitnesses, the Commonwealth must show that an individual is selling drugs.
Additionally, the prosecution, in cases where large amounts of narcotics are recovered and no sale is visible, the prosecution can try to show that the amount in question was more than what a personal user would have and thus the individual must possess that amount with the intent to future distribute. Under both scenarios, the Commonwealth has the sole burden to provide evidence beyond a reasonable doubt that either of those acts were occurring.
Attorneys with the knowledge, experience, and reputation of defending and resolving drug possession and possession with intent to deliver cases in Bucks County is essential. Contacting the right lawyer allows an individual charged with such a crime every opportunity to benefit themselves once the crime is charged. Knowing whether a person’s constitutional rights have been violated and being able to present it so an individual may seek an acquittal of a charge is an important responsibility of the attorney. At the same time, they can weigh the possibility of a conviction against a Diversionary Program.
Should a person be charged with possession or possession with intent to distribute in Bucks County, it is essential that they reach out and retain the services of an experienced Bucks County attorney today.