Proving Richmond Drug Possession with Intent to Distribute
A possession with intent to distribute offense can be an exchange of substances or the sharing of drugs with another person. Sharing or doing drugs with another person raises a simple possession charge with an intent to distribute charge. If someone’s intention for the drug is to share it with or without the exchange of money, that may be considered intent to distribute. Experienced drug possession attorney has seen cases where an individual gets charged with intent for sharing drugs within a car full of people. Your lawyer can help you build a strong defense against the prosecution proving Richmond drug possession with intent to distribute.
Constructive Possession
Constructive possession is when the Commonwealth is trying to prove that the person possessed an illegal substance despite the fact that the accused did not have said substance on their person at the time of the arrest. This is something the prosecution attempts to prove by showing the judge that the person had an item in their dominion and control, or otherwise had knowledge of its existence.
Constructive possession plays a significant role in a Richmond possession with intent to distribute investigation, because the Commonwealth must use not only the constructive possession of the item but all of the other things that can be considered indicative of intent. They must do so simultaneously with the possession of the item to show that the person intended to distribute it in one way, shape, form, or fashion.
Role of the Prosecution
When proving Richmond drug possession with intent to distribute, the prosecution needs to show the intentional holding of an illegal substance. They must prove that the individual on trial knew what the drug was and how they intended to use it. They must also classify the legal schedule that the drug falls under (I through VI for marijuana). The last thing the prosecution must prove is the individuals intent to distribute either for gains or sharing it with another person.
Commonality of Escalated Charges
In the field and so when arrests are being made, often, one will see a simple possession become a possession with intent to distribute in seconds. That is what the police officer observes. In actual court with the Commonwealth Attorney’s Office, it is more common to see it decline from intent to simple possession than the other way around. However in court, one may see intent to distribute charges change based on judge or jury.
Hiring an Attorney
Dealing with any form of drug charge can be difficult. Before the prosecution begins proving Richmond drug possession with intent to distribute, it may be critical to speak with an illegal substances attorney. They have the local understanding on how to build defenses against local prosecution and law enforcement by collecting relevant witnesses and evidence. Experienced legal representation can advise you on what is appropriate to share with law enforcement before and during your trial.
