Possession with intent to distribute happens two different ways, one is that the person is in possession of a sufficient quantity of a drug that by law there is a presumption that it is not a personal use amount and that the intention of the person in possession of it is to distribute it to others.
If you are found in possession of a sufficient quantity of a drug, it is important that you get in touch with a Stafford County drug possession with intent to distribute lawyer. Your experienced drug attorney can attempt to defend you from the charges you face.
The most common way to see a possession with intent charge is in scenarios where people are in possession of some significant quantity of the drug. There might not be anything else that indicates that they are distributing the drug, like scales but based purely on the quantity, a person ends up being charged with possession with intent because the law says that it is possession with intent above a certain weight.
In the Virginia code there are some distinctions where at certain levels of a drug by weight, possession with intent is presumed. At the next level, which is what is the person going to be charged with, there is some discretion that is exercised on the part of the officer as well as the magistrate to determine whether they think they have enough evidence to charge possession with intent but ultimately at the end of the day, these questions are decided by fact finders and that is either a judge or a jury. That is the person or the individuals who have to determine whether the government has proved its case beyond a reasonable doubt.
The first thing that the prosecution must prove in the possession with intent to distribute is that the person was, in fact, possessing any illegal drug. In that regard, it is identical to a simple possession case.
The additional thing that the government has to prove in the possession with intent to distribute case is the weight of the drug because that can give rise to a presumption that there is an intent to distribute. Also in many cases, they use other evidence to show that there was distribution activity going on. A Stafford County drug possession with intent to distribute attorney can attempt to disprove that the individual intended to distribute the drugs.
It is not unusual for possession charge to escalate to possession with intent if there is other evidence discovered that tends to show that. A person may be in possession of a small quantity of cocaine that does not meet the weight requirement for a presumption that there is an intent to distribute it.
However, if in the same location whether it is a vehicle or a home, there are scales, cutting agents, baggies, or other things that make it as though there is distribution occurring then the charge can be elevated to possession with intent to distribute. A Stafford County drug possession with intent to distribute lawyer could attempt to identify mitigating factors that can combat this escalation of charges.
If you are facing possession with intent to distribute charges, in most cases, you are facing a felony. It is a charge that has the potential to impact your life in very serious ways, not just in the short term, but also in the long term.
When you are dealing with such serious consequences, it is important to consult a Stafford County drug possession with intent to distribute lawyer. The attorney could help you navigate the legal process and advocate for you.
Northern Virginia Criminal Defense Group
