Possession with intent to deliver charges are very severe. To “deliver” in a judicial point indicates the actual, constructive or attempted transfer of any controlled substance from person to another.
Possession with Intent to Deliver Penalties
Possession with intent to deliver charges are complicated, and if you want to completely understand the extent of your case, what first must be established is the quantity of drugs involved during the time of arrest. Depending on the kind of controlled substance involved, your charges could change significantly.
The sale or delivery of 7 grams of marijuana or less, is a misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000 while the manufacture or delivery of a controlled substances such as cocaine, ecstasy, or crystal meth is punishable with a maximum sentence of life imprisonment or up to $250,000 in fines. The negative effect on your life could damage you indefinitely. Your image, profession, or even partnerships will be risked, and a permanent criminal record will definitely affect your ability to secure employment.
Possession with Intent to Deliver Defense
Before you can be convicted of possession with intent to deliver, the prosecutor must confirm three points: (1) the substance was an illegal controlled substance, (2) that you were not authorized or prescribed to use the drug, and (3) that you intentionally possessed the drug and planned to deliver it to another individual. Premise (1) could be met with eye witness accounts, like the policeman actually seeing you give drugs to another person. Premise (3) could be proven by simply showing the way the drugs were packaged and if there were scales or other paraphernalia present at the scene of the crime. The volume of drugs you have alone may be used as proof against you.
Since prosecutors can use a variety of evidence, like paraphernalia and packaging to prove possession with intent to deliver, it is necessary for the defense to investigate and establish a legal support by examining each and every single point of the case. It has to be established that the evidence facing you was collected properly and in compliance with your 4th Amendment rights regarding illegal search and seizure, which is a very common offense police officers make at the time of the arrest. If your attorney can prove that the law enforcement officer went against your constitutional rights, the evidence provided against you can be suppressed and the charges dropped.
Possession with Intent to Deliver Lawyer in Texas
Possession with intent to deliver cases can be very subjective. Prosecutors do their best to raise penalties so individuals may be convicted and severely penalized. A competent lawyer can work to show the cracks and errors in the charges. Take note, the difference between freedom and jail may be an experienced defense that only the best attorney can provide.