09 Oct Possession with intent to distribute is a multifaceted charge

On behalf of Jack B. Rubin, PA posted in Drug Charges on Friday, October 9, 2015.

Being arrested and issued federal drug charges can put anyone’s life in an immediate tailspin. This can be especially true for those who are arrested for possession with intent to distribute. For this charge, a defendant can receive fines and prison time. Therefore, if you are ever arrested for this drug offense, it is very helpful to understand the charge in totality.

As you can likely infer, possession with intent to distribute has two elements. First, there is the possession element. A person can be charged with possession for a number of reasons. One obvious reason is if a suspect is caught actually holding the drugs on his or her person. However, you could also be arrested for possession if you had knowledge that there were drugs in the vicinity, such as in your home or automobile.

The second element is that of intent to distribute. This element can be more difficult for law enforcement officials to prove. Generally, intent to distribute is proven by such circumstances as the volume of drugs seized in the arrest. That is to say, if the amount discovered is in excess of an amount someone would typically have for personal use. Both the possession as well as the circumstantial elements must exist concurrently in order to legitimize a possession with intent to distribute charge.

Because it is up to the authorities to prove the charges were justified, it may be possible to form a defense that challenges their assertion. This is why if you have been arrested for possession with intent to distribute, an experienced drug crimes attorney may be able to work to get the charges reduced. Given the strength of the evidence and the manner in which the arrest was conducted, the attorney may even find grounds for the charges to be dismissed.