It is against the law to have the controlled substances in your possession. You can either be fine or you can be imprisoned. The crime involves a possession that was to be distributed. For the knowledge of the case, it’s divided into three areas. The first part is about purpose. The second part is the possession alone and intent to distribute. The possession with the intent to distribute crime has not been committed until all the three crimes have been proven to take place. Most of the states however are using the federal definition on cases related to this.
Having the controlled substances are against the law, and you can be arrested for that. This is where you are likely to find illegal drugs in hand or the pocket of an individual. This means that the drugs are in their control. Where the accused is not aware that they had the drugs with them, you cannot count this as a possession. Most jurisdictions, however, go with the idea that the accused should have known they are in possession of illegal drugs the prosecution, therefore, has a straightforward way to prove this aspect.
When it comes to the distribution; you have to show that the individual was going to distribute the drugs. As it is difficult to get to the memory of a person it is tough. The surrounding conditions can say about this. The surrounding circumstances could be that they possessed large amounts of drugs. Presence of large amounts of money packaging materials and drug paraphernalia shows that you are really planning or have already sold some the drugs. Communications from the customer should also act as proof.
Possession with intent is not a charge until when you prove the accused was in the light of distributing the drug and were already in possession. When arrested with only a small amount to consume, for instance, you have no intent to distribute thus cannot be charged with possession. You can also have a person with the right packaging and starts to sell to but they don’t have the drugs.
The controlled product you were possessing is what determines the weight of your case. The federal judge decides the sentence typically. If they are not mitigating any factor, the judges make their decision following the set rules. Depending on the control products are the years to be convicted and the fines you have to pay. The fines can as well be determined by whether you have ever been arrested or not.
To win such a case you should hire a licensed attorney. It is ease to build up a strong defense through the professional lawyers. The prosecutors have been able to find it quite hard to prove the three elements thus lawyers may help out.