Charges reflecting “intent to distribute” carry with them harsher punishments compared to possession charges. What do accused individuals need to know about their basic rights and how the courts will treat such charges? Your best source of information is your Virginia Beach Criminal Defense Attorney. The prosecution may try to use evidence against you to show you possessed intent to distribute, through two categories of evidence: evidence of quantity and evidence of packaging.
Logically speaking, it makes sense for law enforcement to seek evidence of packaged drugs, materials used for breaking or “cutting” drugs into smaller quantities for sale, large sums of cash, and scales. Therefore, all of the facts that pertain to your case related to packaging found in your possession are critical to remember and keep records of. Keeping such evidence out is what your Norfolk Defense Lawyer is tasked with; just one of his many jobs.
What do the cases tell us in Virginia? A single “retail” package of heroin is not enough to find an accused person guilty of intent to distribute, however, numerous capsules – specifically in one case, 71 – is adequate to find intent. One defendant was found to possess intent to distribute based on evidence of possession of merely five “nickel bags” of marijuana. (See, Colbert v. Com).
A common thread you may see emerge – if you are one to study criminal law – is that often, cases turn on pivotal facts. Having an experienced, wise, and seasoned counsel analyze your facts and employ the most effective tactics can provide you with the peace of mind you deserve.