Howard County Possession with Intent to Distribute Lawyer

Possession of a substance in an amount or in such circumstances that indicates the intent to distribute is more than just for personal use. If somebody has a joint, no one can argue that that was with the intent to distribute because the amount indicates that it is a personal use amount. If somebody has 10 pounds of substance, that is obviously more than they could consume by themselves.

Having such a volume could indicate that the person has the intent to distribute it and thus that individual will face more serious charges. Due to this fact, those accused of PWID charges should consult with an experienced Howard County drug possession with intent to distribute lawyer immediately to begin mounting a strong defense. An experienced drug defense lawyer can assist by examining the specific facts of the case and determining how to build the strongest defense possible.

Understanding the Charge

A person can have situations where they have two ounces for personal use and one ounce for possession with intent. It all depends on the surrounding circumstances. For example, if a person has two ounces in one bag with a smoking device and nothing else, then they probably did not intend to distribute.

However, if a person has one ounce broken down into dozens of little bags, what are called dimes or ten dollar baggies, with an extra bag, a scale, and a lot of cash, and if that person has a ledger, people’s names with dollar amounts and/or how much money is owed, in the totality of circumstances, that looks like the person has the enterprise of possessing with intent to distribute.

Depending on where the charge is filed, the prosecutor decides what to charge or what charges should go forward, but it is up to the jury or the judge to decide what charge the person should be convicted of. A Howard County possession with intent to distribute attorney can help an individual defend against any sort of the charge.

Escalating the Charge

Occasionally, a charge is escalated from possession to possession with intent to distribute, but it can later be reduced by prosecutors, with input from a Howard County drug possession with intent to distribute lawyer. Typically, however, a person is charged from the outset of possession with intent to distribute, and later the charge is reduced, whereby the possession with intent charge is dismissed, leaving only the charge of possession.

Potential penalties are impacted with an intent to distribute charge on top of possession because it is a felony and the incarceration is far more significant, whereas possession carries a maximum of four years. Possession with intent carries four or five times that amount depending on the type of drug it is.

Burden of Proof

The elements of possession with intent must be proven in order to bring forward the charge. These elements can be effectively defended using a Howard County drug possession with intent to distribute attorney. If the person knew or should have known what they had possession of or what was in what they had control of, it could exercise dominion and control. This could show that they knew the illicit nature of the substance and that they possessed it with the intent to give it away or sell it.

They may not just give it away for monetary gain, but they could just be giving it away. Both are classified as distribution. The question is: how did it prove somebody’s state of mind? The best way to prove it is by what someone may have said, what have they done, what they may have found, and it is based on the surrounding circumstances. A person could have bags for $20 dollars a piece. That shows the intent to distribute even if nothing was distributed.

Investigation

Cases are investigated based upon the surrounding circumstances of what was found and what was seen, what was heard, what was obtained, and all of the evidence surrounding it, and very frequently it details the investigation occurs not just after the charge or crime but beforehand. Whether there are purchases being set up, whether they see the activity going forward, they use those observations leading up to a charge and then of course observations during the arrest and afterward to build the case.

Contacting an Attorney

It is important to work with a Howard County possession with intent to distribute lawyer because these are very serious felony charges that could get a person incarcerated. A lawyer will know how to navigate the waters and deal with the proper defenses and preparation in leading toward the charge getting an optimal result.