It is unlawful to be possessing illegal substances. You can either be fine or you can be imprisoned. The crime involves a possession that was to be distributed. There are segments we can split up the case to. The first part is about purpose. The art of possession and distribution is what the other parts are about. 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.
Possession of controlled substances has been prohibited and is a mere act of holding illegal drugs. One example is where you find the illegal drug in the hands of a person, that is possession. 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. Most jurisdictions, however, go with the idea that the accused should have known they are in possession of illegal drugs the prosecution, therefore, has a straightforward way to prove this aspect.
The delivery of the drugs has to be proved by the government. They however, find this very hard to do as you cannot tell what one is thinking. They can, however, get a proven through the situations surrounding. 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. Another evidence that could be retrieved communications with customers.
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.
Cases on possession with intent usually are determined by the controlled product that the accused was having. Determination of the case is generally done by the federal judge. If they are not mitigating any factor, the judges make their decision following the set rules. The fines to be paid and the years of imprisonment are dependent of controlled substances involved. Another determination to the penalties is whether you have been arrested before or not.
A professionals attorney will help you through the case. You need a strong defense to win the case through the professional attorneys. Proving the case beyond a reasonable doubt has been a hard thing for the prosecution.