Possession with intent to deliver charges are very severe. To “deliver” in a judicial point means the actual, constructive or attempted transfer of any controlled substance from one person to another.
Possession with Intent to Deliver Penalties
Possession with intent to deliver charges are complicated, and if you want to completely understand the extent of your case, what first must be established is the quantity of drugs involved during the time of arrest. Depending upon the kind of controlled substance involved, your charges could span drastically say for example, marijuana possession carries up to 42 months in prison with fines up to $100,000 while possession with the intent to distribute of 450 g or more is considered a felony that also has a significant prison term and steep fines. Drug charges can definitely have a negative effect on your life. Your good reputation, profession, or even relationships will be put on the line, and a permanent criminal record will surely affect your ability to secure a job.
Possession with Intent to Deliver Defense
Before you can be convicted of possession with intent to deliver, the prosecutor must confirm three points: (1) the substance was an illegal controlled substance, (2) that you were not authorized or prescribed to use the drug, and (3) that you knowingly possessed the drug and planned to deliver it to another individual. Premise (1) could be met with eye witness accounts, like the policeman actually seeing you give drugs to another person. Premise (3) could be proven by simply showing the way the drugs were packaged and if there were scales or other paraphernalia present at the scene of the crime. The volume of drugs you have alone could be used as evidence against you.
Since prosecutors can use an array of evidence, like paraphernalia and packaging to prove possession with intent to deliver, it is vital for the defense to investigate and establish fact based support by evaluating every single detail of the case. It should be established that the evidence against you was collected appropriately and in conformity with your 4th Amendment rights regarding unlawful search and seizure, which is a very prevalent infraction police officers make during the time of the arrest. If your lawyer can present that the police defied your civil liberties, the evidence given against you can be suppressed and the charges dropped.
Possession with Intent to Deliver Lawyer in Kansas
Possession with intent to deliver cases can be very subjective. Prosecutors do their best to ramp up penalties so that individuals may be convicted and seriously reprimanded. An experienced attorney can work to reveal the cracks and flaws in the charges. Take note, the difference of freedom and jail may be an experienced defense that only a leading attorney can offer.