Possession with intent to deliver charges are very serious. To “deliver” in a judicial sense means the actual, constructive or attempted transfer of any controlled substance from one person to another person or people.
Possession with Intent to Deliver Penalties
Possession with intent to deliver charges are complex, and in order to thoroughly understand the extent of your case, what first must be established is the amount drugs involved at the time of arrest. Depending on the type of controlled substance involved, your penalties could span dramatically. For example, possession with the intent to deliver marijuana is a Class III felony that carries up to 20 years in prison and $25,000.00 fine. Possession with the intent to deliver methamphetamine or cocaine is a Class II felony and carries 1-50 years in prison and can increase to 3-50, 5-50 or 20-life, depending on the quantity involved. The negative impact on your life could haunt you indefinitely. Your reputation, career, and even relationships will be put in jeopardy, and a permanent criminal record will surely impact your ability to secure employment.
Possession with Intent to Deliver Defense
Before you can be convicted of possession with intent to deliver, the prosecutor must prove three things: (1) the substance was an illegal controlled substance, (2) that you were not authorized or prescribed to use the drug, and (3) that you knowingly possessed the drug and planned to deliver it to another person. Premise (1) can be met with eye witness accounts, such as the police officer actually seeing you hand drugs to another person. Premise (3) can be proven by simply showing the way the drugs were packaged and if there were scales or other paraphernalia present at the scene of the crime. The amount of drugs you have alone can be used as evidence against you.
Since prosecutors can use a variety of evidence, such as paraphernalia and packaging to prove possession with intent to deliver, it is important for the defense to investigate and develop factual support by evaluating every detail of the case. It needs to be established that the evidence against you was gathered appropriately and in compliance with your 4th Amendment rights pertaining to unlawful search and seizure, which is a very common violation police officers make in the heat of an arrest. If your attorney can show that the police violated your constitutional rights, the evidence presented against you can be suppressed and the charges dropped.
Possession with Intent to Deliver Lawyer in Nebraska
Possession with intent to deliver cases can be highly subjective. Prosecutors do their best to ramp up charges, seeking to have individuals convicted and harshly punished. A good lawyer can work to show the cracks and weakness points in the charges. A great lawyer, like attorney Dan Stockmann, can successfully challenge the evidence and get the charges reduced and the case dismissed entirely. Dan Stockmann has the hard-won experience of 15 plus years backing his firm, and he would like to put that experience to work for you. Remember, the difference between liberty and prison may be an experienced defense that only a top lawyer can offer.