What Prosecutors Need To Prove in a Richmond Drug Case
If you have been charged with a drug related offense in Richmond, here is what prosecutors need to prove in order to convict you. To learn more, or develop a defense call a Richmond drug lawyer today and schedule a free consultation.
The number one thing they need to prove is the drug is what it is claimed to be, in other words what they will do is send the drugs to the drug labs in the department of forensic science who will test the drug and determine what it is and the weight, which can factor into the charge.
Proving Possession
Next they need to show that you were in possession of it or if they are charging you with distribution you were in possession with the intent of distributing. This comes down to where the drugs were found, what statements were made when they were found, and if they were found with other items used for sale like scales, cash, or other paraphernalia.
Sale and Manufacturing Charges
With sale or manufacturing involved what they need to do is not only show that you are in possession of the drug, but that you were in possession of what they would consider to be tools for manufacturing. If you had baggies, weights, scales and or a large amount of cash on you or at the scene of the crime, they will factor that into along with obviously the amount of drugs that they see at the location.
How Do Richmond Prosecutors Prove “Intent to Distribute”
Regarding intent of possession they need to first show that the amount is more than simple possession. They will submit the drugs to the division of forensic science for testing and measurement (weight). The division of forensic science will provide a report with an accurate weight. Again if it is over an ounce of heroin or cocaine it is possession with intent to distribute. Then what they need to show is that you were in possession. They will use testimony of officer’s, witnesses, or your own statements to show that you in fact knowingly possessed the drugs in question.
Are Richmond Drug Cases Prosecuted Intensely?
It depends on the factors involved. If it is a situation involving a location near school or sale to minors, yes they will be prosecuted severely. If the case involves simple possession by an adult, the Richmond Courts and the Richmond prosecutor’s office can actually be lenient in its use of diversionary or first offender programs. This will always depend on the ability of the defendant to comply with the Court’s programs and requirements. In first offense cases, we can often come to an agreement with prosecutors that result in a charges being reduced or ultimately dismissed.
