Whats Must Be Proven in a Henrico County Drug Distribution Cases
In Henrico County drug distribution cases, the prosecution has the burden of proof and must prove a variety of things. Below, a Henrico County PWID drug lawyer discusses what prosecution needs to prove and potentially controversial elements during a trial.
What Prosecution Must Prove
In distribution cases, the prosecution has to show a number of things. First, they have to show possession of the substance, or in other words that you have possession or you had control of the substance. Then, they have to show that you have possession of such amount to qualify for distribution or you had tools of the trade for distribution like cash, scales, or baggies. Law enforcement will attempt to show that you actually conducted buys through the testimony of confidential informants or the testimony of undercover officers or in many cases video or audio equipment that’s used to the scene.
The prosecution will then they need to show that the drugs were sold for whether it’d be money, guns, other drugs or things of that nature. They need to show that an agreement and an actual occurred.
Elements of the Crime That Tend to be Highly Contested at Trial
The most contested issue during the distribution case typically starts with how the drugs were seized or how the search was conducted of a defendant. We are looking to see if there was a violation of your Fourth Amendment rights. An attorney will seek to determine if there was sufficient probable cause for the search of the individual and or their property.
Next, an attorney can challenge whether the confidential informants used by the state to conduct buys, are credible, is their testimony impeachable, and can we challenge it.
How a Henrico County Defense Attorney Can Help
With a drug distribution case, you want an attorney that has experience in handling these serious cases. You’re going to want an attorney that has experience handling these types of cases and is not afraid to challenge the state’s evidence and witnesses. Again, in many distribution cases there could be issues with the search, there could be issues with how the drugs were obtained and how the drugs are tested.
With distribution cases there can also be issues with the witnesses used by the state and their credibility. Finally, you want an attorney that can negotiate with the prosecutors and try to explore alternative sentencing that can possibly minimize the punishment involved.
