Hanover Possession with Intent Lawyer
Drug possession can be a serious crime with significant consequences. Drug possession with intent to distribute is a more serious form of this charge, as it includes an intention to possibly sell or give the drugs to other people. Anyone facing these charges should consult with a Hanover possession with intent lawyer, who will have experience in these kinds of cases and know how to defend against these charges.
You normally see possession with intent to distribute at a street level. Undercover officers and confidential informants work together to assist in busting people on the street selling and distributing controlled substances.
Penalties and Elements of These Charges
Possessing with an intent to distribute (PWID) is possessing an illegal substance with the intent to distribute it, give it away, or to sell it. The penalties for possessing with intent to distribute can be very harsh.
A first offense carries from five to forty years and a $500,000.00 fine. A second offense carries five to life with that same fine and a three-year mandatory sentence. A third or subsequent offense carries 10 to life with a mandatory minimum of 10 years. There are not really and diversion programs, or forms of alternative sentencing for PWID charges. Given these potentially serious penalties, it is important to work with a possession with intent attorney in Hanover, who can work to get the charges dismissed, or the penalties mitigated.
Frequency of Possession With Intent Charges
Whether or not the law enforcement in Hanover will charge someone with possession with intent, or simple possession will depend on the specifics and circumstances of the case. Hanover charges both and each charge turns on the individual factual scenarios surrounding the event.
Constructive Possession
Constructive possession occurs when an individual possesses an item without having the actual physical possession of that item. When the item is not found in their hand, in their pocket, or on their physical person.
The question then in these situations then becomes, was the item constructively possessed? Did the individual exercise dominion or any control over that item with knowledge of what the item is?
Proving Intent
Intent is shown through many different factors that include but are not limited to, the amount of the drug, the packaging, whether there were multiple substances possessed, cash and different denominations, cell phones, scales and ledgers, and any other items that might show there was an intent to distribute. All of these items are viewed as indications of distribution.
Unfortunately, this standard can sometimes lead to individuals being overcharged when it comes to possession with intent to distribute. There is such a gap in consequences between possession with intent to distribute and simple possession that overcharging can be used to coerce confessions and new informants. Given these harsh consequences, it is imperative to hire a Hanover possession with intent attorney who knows how to handle drug cases and can protect a person facing these charges.
Benefit of a Hanover Attorney
It is important to hire an attorney when facing possession with intent to distribute charges because the penalties are very harsh and the elements can be difficult to prove. There are a lot of subtle nuances in every case and it is important for an individual to have a Hanover possession with intent lawyer with them who can understand and explore those nuances while protecting their interest and their rights.
