Chesterfield County Drug Distribution Attorney
Drug distribution or manufacturing is much more serious than simple possession with intent. Distribution of a controlled substance results from evidence of sales of the item or possession of an extremely large amount of the drug. In this case, the state will attempt to show that this was not just simple possession or possession with intent, but possession of a large quantity or evidence of actual sales in order to prove distribution.
In Chesterfield, many distribution charges result from confidential informants who are videotaped or audiotaped during the buy or buys that are done, or from undercover officers who pose as people interested in purchasing drugs. Additionally, law enforcement officers will use drug raids or also informants to snuff out distribution. As a result, there may some complications that arise where the assistance of an experienced drug attorney in Chesterfield County would be very helpful.
Enforcement of Drug Distribution Charges in Chesterfield
Cracking down on drug distribution is one of the higher priorities of law enforcement in Chesterfield County. Chesterfield County is a very large county, but there are a lot of schools in the area so law enforcement tries to be proactive in stopping the drug trade and making sure it does not spread there. Since Chesterfield is close in proximity to the city of Richmond which has main thoroughfares like 95 and 295, distribution and drug charges have increased over the years and law enforcement has become much more proactive enforcing these charges.
One aggravating factor that makes a distribution case more serious is the drug involved. If it is cocaine, heroin or crystal meth, the prosecutors and the courts take a much harsher stance. If the distribution occurs to a minor or near a school, the courts are very harsh on those sorts of charges.
What Prosecution Must Prove
In order to prove a distribution case the prosecution has to show you are in possession of the drugs and that you actively distributed the drugs, manufacture them, or possess such a large quantity that it leaves no doubt that they were for distribution. The prosecution typically does this through witness statements or through testimony of confidential informants or undercover officers who have conducted buys or purchase from the individual. This often occurs with help from undercover officers or a confidential informant.
In addition to that, the prosecution will present evidence of what the drug is, the amount of the drugs found and exactly what sorts of sales took place. This could refer to how much the sales were for and what they were for.
How a Chesterfield County Drug Distribution Lawyer Can Help
A drug attorney in a Chesterfield County distribution case is extremely important. You need an attorney who is experienced and has handled these cases in the past. You are going to want an attorney that can challenge the state’s evidence, how they obtain their evidence, and is willing to cross-examine their witnesses to challenge their testimony.
In addition to that, it’s important to have an attorney that understands what the state has to prove, but also understands what options are available as far as diversionary sentencing. For example, an attorney can see whether first offender status or drug court is available. An attorney in a distribution case needs to know when to fight, but also needs to know when to negotiate so that they can get the best outcome for their client.
Highly Contested Issues
The most contested elements in a distribution case typically involve the witnesses that the state uses. In many cases they are using confidential informants who have their own drug history or criminal history. As a result, drug distribution attorneys in Chesterfield County can routinely cross examine them and impeach their testimony. What attorneys look for are constitutional issues regarding the search and the seizure of the property and how the drugs were obtained.
The attorney will try to determine if the state can actually prove distribution and will determine if they can prove that sales took place and that possession was to such an extent that it meant distribution. All of these elements can be challenged in court.
Constitutional Issues in Drug Distribution Cases
With drug distribution cases the most common constitutional issues involve the Fourth Amendment including probable cause issues for the search and seizure of your property or your person. Attorneys are typically challenged with determining if an unreasonable search of a vehicle or your property has occurred, something referred to as a warrantless search. This is when officers conduct the search without a proper warrant or without proper probable cause.
