Possession with Intent to Distribute
A possession with intent to distribute charge occurs when a person is caught in possession of a controlled substance and the police believe they intended to sell it. If you are convicted, you face prison time, severe fines and a felony record that makes it difficult to obtain a job or even get into a university. As a result, it’s important to have someone by your side to help you fight your drug charges and resolve this serious legal problem.
At Caplan & Tamburino Law Firm, P.A., our Minneapolis drug crime lawyers understand how being accused of a drug crime is a serious predicament to be in. Even with a first offense, you can face some serious penalties such as 30 years in prison and fines up to $1,000,000. A fifth-degree drug felony, which is the lightest charge, still carries a penalty of up to 5 years in prison and $100,000 in fines. Hiring an experienced criminal defense attorney greatly increases your chances of avoiding a conviction or reducing the charges and penalties against you.
Breaking Down Possession with Intent to Distribute Charges
When assessing this charge, it is important to look at it in three parts: possession, intent to distribute and possession with intent to distribute. Possession is the crime of having an illegal drug in one’s possession, either for personal use, distribution, sale or otherwise. However, a person charged with this offense must know that the drug is present, whether they knowingly obtained or received the controlled substance.
Intent to distribute occurs when an individual is planning to distribute or sell a controlled substance. This requires proof that the accused was planning of intending this act with the drugs, such as a large amount of drugs, possession of drug paraphernalia, and great sums of money.
Finally, the crime of possession with intent to distribute must have all the elements of the two crimes listed above. This means an individual must knowingly be in possession of a controlled substance and have the intent to distribute or sell the controlled substance they are in possession of. While a person could have the intention to distribute, they may not have possession of the drugs, which could then be a conspiracy or attempt charge.
Depending on the type of drug and the quantity, someone charged with possession with intent to distribute could face some serious penalties. With the help of one of our Minneapolis drug crime lawyers, we can help challenge certain elements of your charge, which could result in reduced or dismissed charges.
Call Caplan & Tamburino Law Firm, P.A. at (612) 444-5020 for a free case consultation.