If you’ve been charged with the crime of possession with intent to distribute, you may be facing some very serious penalties, including fines, jail time, mandatory drug counseling, probation, community service, and more. This is not a crime you want on your permanent record — get the help you need today fighting for your rights under the law and working to keep your name in the clear.
3 Elements of a Possession with Intent to Sell Case
There are generally three things that prosecutors must prove in order to convict a defendant:
- The accused had constructive or actual possession of a substance considered to be controlled or illegal under the law
- The accused planned to sell or distribute the substance
- The accused was knowledgeable and intentional in his or her actions
If any of these elements can be challenged and reasonable doubt created about one or more of the above, the prosecution may have a difficult time obtaining a guilty verdict.
Defense Strategies to Weaken the Prosecutor’s Case Against the Accused
The more elements of the prosecution’s case against the defendant that can be questioned with evidence, the better chance the defendant has at receiving a case dismissal or a not-guilty verdict. Some strategies that may be employed by a defense lawyer include but are not limited to:
- Proving that the substance that the defendant was found to be in possession of was not actually a controlled or illegal substance through chemical testing
- Proving that the defendant never actually had possession of the substance and it belonged to someone else
- Proving that the defendant did not have knowledge of what the drugs were or where they were, such as in the case of people who have had drugs unknowingly planted on them at an airport or train station
In some cases, it may benefit the defendant more to argue against the evidence in a way that causes the charges to become reduced but not dismissed. For example, a defense lawyer may argue that the defendant did have possession of the drugs but did not intend to sell or distribute them.
Contact Whitehead Law for Help Today
Don’t wait to secure legal representation after an arrest for possession with intent to sell or distribute. With your record and your very future at stake, you simply cannot afford not to have an experienced criminal defense lawyer in your corner. Call Whitehead Law today to set up an appointment for a consultation at (302) 248-2000.