Baltimore Possession with Intent Lawyer
Maryland law defines possession with intent as a person who is in actual or constructive possession of a drug, knows of its illicit nature, and has the intent to convey it to another person. The drug could be dispensed through a sale or just giving it away. Any conveyance to another person may be considered a distribution.
Reach out to a Baltimore possession with
Determining the Difference Between Possession and Possession With Intent
While a police officer may initially issue the charging documents, the case will go to a felony review status in the state’s attorney’s office at a later date. The prosecutor and an actual attorney will review the files to see if there is a basis for the felony charge and determine whether they want to proceed only on the possession or continue with possession with intent.
Elements the Prosecution Must Prove in a Drug Case
For a person to be convicted of possession with intent to distribute, the prosecution must show that a person was in possession of a substance and under circumstances that indicate they intended to:
- Sell the drug to a third party
- Give the drug to a third party
- Convey the drug to a third party
A Baltimore attorney could help a defendant argue against each of the three points the prosecution may attempt to prove in a possession with intent case.
How a Drug Charge Escalates from Possession to Possession With Intent
While it is rare in Baltimore for a charge to escalate from simple possession to possession with intent, they are typically charged with both in the beginning. The case could then be reduced to possession if they do not have the evidence to go forward on the felony.
A Defendant Could be Charged With Both Possession and Intent to Distribute
A person charged with intent to distribute will also be charged with the lesser crime of possession since they cannot have an
Common Ways a Person Could be Charged With Intent to Distribute
While there are all kinds of ways a person may be charged, they are all stepping stones to the formal court proceeding. A person could be arrested on the spot for drug possession with intent to distribute when they are found with certain substances. A warrant may be issued for their arrest at a later date. A summons is an uncommon method law enforcement may use to compel a person to appear to court. No matter the method authorities use to charge a person with an intent to distribute, a Baltimore attorney could fight tirelessly on their case.
Potential Penalties for Possession Charges
Possession carries a maximum of one-year incarceration as a misdemeanor. Possession with intent carries a maximum of 20 years of incarceration as a felony for everything excluding for marijuana, which is a lower-level offense. An attorney could further explain the penalties a defendant may face for any drug crime allegations.
Proving Intent
Since intent is a state of mind, one must be able to prove what the defendant is thinking. While authorities cannot get inside another person’s head to show a judge or jury the intent, they may show the circumstances surrounding the incident that might indicate the person’s intent to distribute.
This could include the sheer quantity of the drugs found and the paraphernalia found with the drugs. Paraphernalia may include baggies, scales, a large amount of cash, or cellphones. There are numerous elements used to establish and provide a context that could cause a judge or a jury to conclude that the accused was guilty of possession with intent.
Having a Tenacious Baltimore Possession With Intent Lawyer Is Important
Intent to distribute is a felony carrying significant time in prison attached to it, even for a first offense. The response for possession could be more lenient since it is a mere misdemeanor. Call a Baltimore possession with intent lawyer today to champion your case.