Few criminal law topics are as confusing and scary as drug charges. One of the most critical topics involves the differences between simple possession and possession of drugs with the intent to distribute them.
A Drug Defense Lawyer: Who to Contact
To ensure a better outcome for your drug case, you need to retain a legal professional. Speak to a drug defense lawyer.
Simple Possession: Key Factors
Key elements of simple possession include:
- Possession of a controlled substance: Actual possession or constructive possession.
- Knowledge of the substance
- Knowledge of illegality
Possession with Intent to Distribute: Key Elements
Key elements mirror simple possession, with the critical addition of:
- Intent to distribute
Defenses to Drug Charges
- Lack of Knowledge
- Lack of Control
- Entrapment
- Duress
- Necessity
- Fourth Amendment Rights
- Chain of Custody Issues
Simple Possession: A Closer Look
Factors suggesting simple possession:
- Smaller quantities of the substance
- Absence of packaging or distribution paraphernalia
- Lack of large amounts of cash or weapons
- Presence of drug paraphernalia associated with personal use
Possession With Intent to Distribute
Evidence used to prove intent to distribute:
- Quantity of the substance
- Packaging and materials: Scales, baggies, cutting agents.
- Financial evidence: Large amounts of cash.
- Witness testimony
Legal Elements and Burden of Proof
The prosecution must prove the defendant committed the crime beyond a reasonable doubt.
Alternative Sentencing in Drug Cases
An offender charged with simple possession for the first time may receive a lesser sentence with treatment or rehabilitation programs.
How Prior Convictions Influence Sentencing
Repeat offenders often face harsher penalties and limited options.
Speak to a Drug Crimes Defense Attorney Now
Contact a drug crimes defense lawyer immediately if law enforcement charges you with drug possession.
