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Possession with Intent to Distribute Charges in Minneapolis
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 possession 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 well help your chances at avoiding a conviction or lessening your charges and penalties.
Defining 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 possession 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.
1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
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