Possession with intent to deliver charges are very severe. To “deliver” in a judicial sense indicates the actual, constructive or attempted transfer of any kind of controlled substance from person to another.
Possession with Intent to Deliver Penalties
Possession with intent to deliver charges are made complex, and if you wish to completely comprehend the degree of your case, what first need to be set up is the amount of drugs found during the time of arrest. Depending upon the type of controlled substance located, your charges can span significantly. Possession with the intent to deliver marijuana of 42.5 grams or lower is a misdemeanor punishable by a maximum fine of $200 while the sale of more than 42.5 grams – less than 5 kilograms is considered a felony carrying a maximum prison sentence of 5 years and a maximum fine of $10,000. Possession with the intent to deliver 10 grams or more of methamphetamine carries a penalty of to 30 years and a $1 million fine or both. These penalties will certainly inflict a negative effect on your life.Your reputation, occupation, and even relationships will be jeopardized, and a permanent criminal record will undoubtedly impact your capability to land a stable employment.
Possession with Intent to Deliver Protection
Prior to being convicted of possession with intent to deliver, the district attorney must prove three elements: (1) the substance was an illegal controlled substance, (2) that you were not permitted 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 proven by 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.
Considering that prosecutors could use a wide assortment of evidence, like paraphernalia and packaging to prove possession with intent to deliver, it is crucial for the defense to examine and establish factual support by examining every information of the case. It must be proven that the evidence against you was gathered appropriately and in conformity with your 4th Amendment legal rights relating to unlawful search and seizure, which is a typical infraction law enforcement officer makes in the heat of an arrest. If your lawyer could expose that the policeman breached your civil liberties, the proof provided against you can be suppressed and the charges dismissed.
Possession with Intent to Deliver Lawyer in Minnesota
Possession with intent to deliver cases can be extremely subjective. Prosecutors do their best to increase charges to make sure that the accused can be found guilty and severely penalized. A skilled attorney could work to show the errors and weak points in the charges. Remember, the difference between freedom and prison time may be a knowledgeable defense that only a leading lawyer can provide.