Possession with intent to deliver charges are very severe. To “deliver” in a judicial sense implies the actual, constructive or attempted transfer of any controlled substance from one person to another individual.
Possession with Intent to Deliver Penalties
Possession with intent to deliver charges are complicated, and if you want to fully comprehend the entirety of your case, what first must be established is the quantity of drugs involved through the time of arrest. Depending on the kind of controlled substance involved, your charges could span significantly. Possession with the intent to deliver marijuana of more than 1,000 kilograms is a Class B Felony that carries up to 50 years in prison and up to $1 million in fines. Take note that the penalties become more severe depending on the quantity involved. The adverse effect on your life could ruin you indefinitely. Your credibility, career, or even relationships will be put in jeopardy, and a permanent criminal record will definitely affect your ability to secure job.
Possession with Intent to Deliver Defense
Before you could be convicted of possession with intent to deliver, the prosecutor must confirm three aspects: (1) the substance was an illegal controlled substance, (2) that you were not authorized or prescribed to use the drug, and (3) that you knowingly possessed the drug and planned to deliver it to another person. Premise (1) could be met with eye witness accounts, like the policeman actually seeing you give drugs to another person. Premise (3) could be validated 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 quantity of drugs you have alone can be used as evidence against you.
Since prosecutors can use an array of evidence, like paraphernalia and packaging to prove possession with intent to deliver, it is vital for the defense to investigate and establish valid support by assessing each and every point of the case. It should be established that the evidence against you was collected correctly and in conformity with your 4th Amendment rights pertaining to unlawful search and seizure, which in turn is a very typical violation police officers make in the rage of an arrest. If your legal representative can present that the policeman breached your human rights, the evidence given against you can be decreased and the charges dropped.
Possession with Intent to Deliver Lawyer in Iowa
Possession with intent to deliver cases can become very subjective. Prosecutors do their best to ramp up penalties so individuals may be convicted and severely reprimanded. A competent attorney can work to reveal the cracks and disadvantage points in the charges. Remember, the difference of freedom and jail may be an experienced defense that only a top notch lawyer can provide.