Fairfax Drug Possession with Intent to Distribute Lawyer
Possession with intent to distribute carries the same elements as a possession. It is somebody who has an item, either actual or constructively, with the intent to either sell it or give it to another individual. The main factor of possession with intent to distribute is it does not have to be something that is sold. If a person is in possession of an illegal substance with the intent to share it with somebody else or give it to them for no gain of their own, it still counts as distribution. The person can still be charged as somebody who is distributing drugs as opposed to somebody who is possessing drugs.
If you have been charged with this offense, contact an experienced attorney today. A Fairfax drug possession with intent to distribute lawyer may be able to provide you with good insight as well as help you build a strong defense.
Differences Between Possession and Possession with Intent
A possession with intent to distribute charge begins with the arresting officer and/or detective. That individual may determine at the time of the arrest whether they believe that the person is simply possessing an item or possessing it with intent to distribute.
If the officer is seeking a warrant, they take the information to the magistrate, and the magistrate can determine what they are going to issue the warrant for. The magistrate can also determine if there is probable cause for possession with intent to distribute or simple possession.
Next, that case will go to the Commonwealth attorney. The Commonwealth attorney, through their investigation and knowledge of the law, determines if the case should remain a possession with intent to distribute or should be reduced to a simple possession.
If the Commonwealth believes it is a possession with intent to distribute, the case will go to the judge or the jury. The judge or the jury will determine if guilt or innocence.
Prosecution’s Burden of Proof
The prosecution has to prove four things in order to secure a conviction.
- The person possessed an item
- They did so with knowledge and intent
- The item was a scheduled substance or marijuana
- The person did so with the intent to distribute it either for monetized gain or for accommodation.
An experienced Fairfax drug possession with intent to distribute lawyer could help accused individuals understand a prosecution’s burden of proof and how it relates to their case.
Intent to Distribute Affecting a Drug Possession Charge
When a person goes from possession to possession with intent to distribute, the person loses their ability to qualify for the first offender program, and they are going to be prosecuted more harshly. Authorities do not view them as someone with a drug problem but rather as someone who is contributing to the problem by distributing drugs throughout the community. Also, the individual always has the stigma of being a drug dealer and somebody who is tearing down the community as opposed to somebody who has an abuse problem and needs help.
Contact a Fairfax Drug Possession with Intent to Distribute Attorney
If you have been charged with drug possession with intent to distribute, you should consider speaking with an experienced attorney. The benefits of hiring a skilled lawyer come in many forms. The main thing you should realize is that by hiring an attorney is that you are improving your chances of building a strong defense. A seasoned Fairfax drug possession with intent to distribute lawyer brings experience and knowledge that can prove to be very valuable in a courtroom. Contact an attorney today.