The possession of a controlled substance is illegal. You can either be fine or you can be imprisoned. It is about having a product and being ready to spread it. There are segments we can split up the case to. Possession is the first area, and the other one is on intention to distribute. To the other part it’s about possessing and distribution. The possession with the intent to distribute crime has not been committed until all the three crimes have been proven to take place. The federal government has the explanation to this cases.
It is illegal to be found in possession is the illegal substances. A case scenario is getting illegal drugs from the pockets or a bag of someone. This means that the drugs are in their control. Where the accused is not aware that they had the drugs with them, you cannot count this as a possession. The majority of the jurisdiction has however chosen to flow with the idea that its outright that the accused knew they were carrying the drugs.
When it comes to the distribution; you have to show that the individual was going to distribute the drugs. As it is difficult to get to the memory of a person it is tough. They can, however, get a proven through the situations surrounding. A large number of drugs could be the circumstance surrounding where the case can get its roots. An excellent lead to delivery could be the presence of large amounts of money packaging materials and drug paraphernalia. Communications from the customer should also act as proof.
It is not until proven that the accused was in possession of a drug and that they intended to distribute that possession with intent can be a charge. Being arrest with an amount that is for personal consumption, cannot be possession with intent as there is no intention to distribute. You can also have a person with the right packaging and starts to sell to but they don’t have the drugs.
The determination of the judgment of these cases is the controlled product you were caught with. The federal judge decides the sentence typically. If they are not mitigating any factor, the judges make their decision following the set rules. The accused have fines they are required to pay which differs on the illegal drug they were in possession of. It also dependent of whether you have committed such a crime before.
To maneuver through the case you need a professional attorney. It is ease to build up a strong defense through the professional lawyers. The prosecutors have a hard time to prove the three elements beyond a reasonable doubt.