“Distribution” of a controlled substance is pretty self-explanatory. Basically, in order to be charged, the police must have probable cause to believe that you actually were involved in a person to person transaction of an illegal substance. The amount of the drug is a lesser element of the crime, as it could be as little as a gram.
In the United States, drug distribution laws focus on magnifying penalties on those found guilty of distributing, selling, and/or illegally transporting illegal substances. Punishment for commonplace misdemeanor drug possession charges pale in comparison to these crimes, which apply to both a state and federal level. In the event that you are charged with distribution, given the increase in the focus on cracking down on drug related crimes, the opposition you face will be overly zealous in their pursuit of the harshest sentence they can secure for you.
Drug Distribution Penalties
The potential severity of the penalties with which you are charged may increase even more depending on the circumstances surrounding the incident; factors like possession or delivery, or whether or not you assisted in its manufacturing of the drug. Trouble for your case only increases if there is an allegation to have intent to manufacture or deliver within 1,000 feet of a school zone, which can raise penalties substantially. Not to mention the alleged possession of a firearm.
Possession with intent to distribute, for example, becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. Again, the amount of the substance is not an element of this crime. You could be in possession of only a gram or two. Other evidence that is often associated with drug distribution can be used to prove your intent, such as common household items like baggies, scales, and large amounts of cash.
Drug Distribution Defense
There is always the opportunity for dismissal of drug charges. Common defenses to drug distribution/delivery/possession with the intent to deliver/manufacturing charges include: challenges to the legality of the search which lead to the discovery of the illegal drugs (including challenges to search warrants); challenges to law enforcement’s failure to comply with the necessary protocols of drug delivery investigations; among other potential defenses; the proof that the substances seized were really yours.
Drug Distribution Lawyer in Nebraska
No matter what state you live in, drug distribution is an extremely serious criminal offense. If you or a loved one are currently facing conviction for a charge of drug distribution, it is absolutely imperative that you get the help of a qualified attorney immediately. Attorney Dan Stockmann is a long-standing member within the criminal justice system; someone who understand the serious nature regarding charges of drug distribution. He knows that a successful conviction will follow you indefinitely, as you cart around a criminal record that will shadow you no matter what you are attempting in life. Attorney Dan Stockmann of Stockmann Law will be able to investigate your case and give it the personalized dedication that it deserves.