It is unlawful to be possessing illegal substances. You can either be fine or you can be imprisoned. The crime involves a possession that was to be distributed. This case can be split into three parts for easy understanding. Possession is the first area, and the other one is on intention to distribute. To the other part it’s about possessing and distribution. Until, all the three parts have been established, the possession with the intent to distribute felony has not been committed. The federal government has the explanation to this cases.
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. What this means is that the drugs are with them. Where the accused is not aware that they had the drugs with them, you cannot count this as a possession. The majority of the jurisdiction has however chosen to flow with the idea that its outright that the accused knew they were carrying the drugs.
The delivery of the drugs has to be proved by the government. This is somewhat difficult since you can’t get into the mind of a person. This is therefore proven through the surrounding circumstances. The case can get the rots from the fact that the accused were having a large number of drugs. Where you are found with large amounts of drug paraphernalia, packaging materials and a lot of cash; it is a lead to distribution. The discussions with the customers could as well work 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. Being arrest with an amount that is for personal consumption, cannot be possession with intent as there is no intention to distribute. Another example is when you have a large part of drugs were to trade with all the deals, but the drugs are not in position.
Cases on possession with intent usually are determined by the controlled product that the accused was having. The sentence is determined by the federal judge. There are established rules on the case to support which the judges have to follow unless they are mitigating a factor. 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 maneuver through the case you need a professional 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.