It is unlawful to be possessing illegal substances. It is punishable by fines and even imprisonment. This is a crime that needs substance having an intention to distribute. For the knowledge of the case, it’s divided into three areas. The first part is about purpose. The art of possession and distribution is what the other parts are about. Until, all the three parts have been established, the possession with the intent to distribute felony has not been committed. The federal government has the explanation to this cases.
Having the controlled substances are against the law, and you can be arrested for that. This is where you are likely to find illegal drugs in hand or the pocket of an individual. This means that the drugs are in their control. For this to constitute property yet, the accused has to be knowing that they had the drug. It if however assumed that the accused was of the knowledge that they were possession the drugs.
When it comes to the distribution; you have to show that the individual was going to distribute the drugs. They however, find this very hard to do as you cannot tell what one is thinking. The surrounding conditions can say about this. The surrounding circumstances could be that they possessed large amounts of drugs. Where you are found with large amounts of drug paraphernalia, packaging materials and a lot of cash; it is a lead to distribution. The discussions with the customers could as well work as proof.
Possession with intent to distribute has not occurred until it is proven the accused was in possession and has an intent to distribute. If by example you have been arrest possessing a small amount of the drug, 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 controlled product you were possessing is what determines the weight of your case. The federal judge decides the sentence typically. If they are not mitigating any factor, the judges make their decision following the set rules. Depending on the control products are the years to be convicted and the fines you have to pay. It also dependent of whether you have committed such a crime before.
To win such a case you should hire a licensed attorney. It is ease to build up a strong defense through the professional lawyers. Proving the case beyond a reasonable doubt has been a hard thing for the prosecution.