In Montgomery County law, possession with intent to distribute (PWID) and results from the prosecution alleging someone has a certain state of mind or intention to sell drugs. It is found in the controlled substances act under 35 P.S. Section 780-113(a)(30). The charge relates to possession of narcotics, not for personal use, but to deliver and exchange with another individual. It comprises possession with intent to deliver, which is an ungraded (sliding penalty) felony. The statute defines the various ways to deliver drugs, including manufacturing, delivering, and intent to distribute or any other way of transferring drugs from one person to another.
Many factors go into a drug case. The law governs what would qualify as simple possession versus possession with intent to deliver. The judge will look at the amount of drugs that were recovered, any witness statements, whether money was exchanged at any time as well as the packaging and delivery mechanism for the drugs that are recovered. The judge would decide whether the prosecution has made out the intent to deliver charge. Also, the prosecution, within their discretion, can choose to drop the intent to deliver charge and continue forward on a possession-only charge.
If you have been charged with a narcotics offense, it is best to reach out to a Montgomery County drug possession with intent to distribute lawyer. They could review the charges, investigate the arrest, and collect as much evidence as possible to build a defense. Speak to a diligent drug possession attorney to learn about the charges and the potential penalties of a conviction.
In an intent to distribute case, the prosecution has to prove that someone did possess drugs, either on their person or constructively. They also have to prove that the intent was for the person to deliver or sell narcotics. It could be difficult to prove intent without direct observation of a drug sale. The prosecution would have to prove this element through circumstantial evidence whether it is the amount of drugs, the packaging, other paraphernalia used to sell drugs such as empty bags and scales.
Additionally, the prosecution must show that the substance recovered was a controlled drug which would be proven through lab testing. A seasoned Montgomery County drug possession with intent to distribute lawyer could review the prosecution’s case to ensure that the defendant’s rights have been protected from the time of the arrest.
The intent to distribute charge is always charged as a felony, and that along with the possible penalty is the difference between simple possession and possession with intent to deliver in Montgomery County. The charge may be raised depending on what drug was delivered and if a person has prior offenses. Possession with intent to deliver carries a maximum sentence and a maximum fine depending on the type of drug and if there have been prior instances of intent to deliver charges.
Individuals who have been charged with possession with intent to deliver marijuana may face a maximum of five years in jail and a $100,000 fine. Possession with intent to deliver cocaine or PCP carries a maximum jail sentence of ten years and a $100,000 fine. With possession with intent to deliver heroin, individuals could face a maximum of 15 years in jail and a $250,000 fine.
With a second possession with intent to deliver marijuana offense, individuals could face a maximum of five years in jail and a $100,000 fine. For a second or more possession with intent to deliver cocaine or PCP offense, those who have been convicted could face a maximum jail sentence of 20 years and a $200,000 fine. Additionally, a second possession with intent to deliver heroin offense individuals could face a maximum of 20 years in jail and a $500,000 fine. A dedicated drug possession with intent to distribute attorney could build a defense and work to help mitigate the charges to help individuals avoid the severe penalties of a conviction.
Constructive possession is a legal term that means even if someone did not have drugs in their hand, they still knew about it and had the intent to possess it. This is often seen in drugs in a person’s car, in a person’s house or otherwise nearby but not physically in their possession. Those who are facing drug charges should consult a skilled drug lawyer because the charges could hinder on whether the person intended to possess narcotics if it was not physically on their person when they were stopped.
It is essential to have an attorney for possession with intent to deliver charges because it is a felony offense which can have a permanent effect on one’s record and the penalties are very severe. To plan for trial, to litigate motions, and to mitigate any potential sentences a person charged should consult a defense lawyer who is knowledgeable about drug possession charges in Pennsylvania.
Speak to a Montgomery County drug possession with intent to distribute lawyer and get started on your case today.