There are two big questions that need to be answered in a possession with intent to deliver charge. Can police and prosecutors prove possession? Can they prove intent? Our law firm will also investigate whether police followed proper procedures in obtaining the evidence against you.
In our 100-plus years of combined experience, the attorneys at Tucker Arensberg have handled many drug cases. Based on our decades of experience, we know the mindset of the prosecution. As experienced criminal defense lawyers, we know how to investigate a case and defend our clients’ rights.
Can they prove possession? There are several different types of possession, some easier to prove than others. Actual possession means the drugs were on your person (for example, in your pocket or hand). Constructive possession means you had the ability to control the drugs, knowledge of them and the intent to control them. Constructive possession cases often involve drugs found in homes or cars. Joint possession means more than one person possesses the drugs.
Can they prove intent to deliver? Was the arrested person planning to use the drugs or deliver or sell the drugs? Packaging and quantity might lead to certain conclusions about distribution. Where were the drugs seized? Was money seized at the same time?
Were police actions legal? We have an investigator available and will do our own investigation into the charges — and into the police investigation. Did they have the proper warrants? Was the search and seizure constitutional?
Our criminal defense attorneys have handled drug cases involving all kinds of illegal substances, including marijuana, cocaine, heroin, illegally obtained prescription drugs, and methamphetamines. From the moment you ask for our help, we will begin to protect your rights, challenge the evidence, and prepare a defense. Possession with intent to deliver or sell is a serious charge — but the prosecution has the burden of proof.
Ready to put our experienced legal team to work for you? For legal assistance or complete our contact form for a free consultation today.