Milford Possession With Intent Lawyer
Drug charges are taken very seriously in Milford. Whether just possession, possession with the intent to distribute, or constructive possession, the penalties can oftentimes be incredibly severe. Recovering from a drug charge is not easy. With future employment, the ability to get a loan, and personal and professional relationships at stake, it is crucial that you are properly defended. If you have found yourself facing such a charge, it is pertinent that you contact a Milford possession with intent to distribute lawyer. Only an experienced drug attorney can assist in minimizing any potential penalties having to do with your charge.
Possession With the Intent to Distribute
Possession with intent to sell is equivalent to the actual sale of the same substance. A possession with intent to sell charge means that the individual in possession of a controlled substance or a narcotic has a specific intent to sell that substance.
It is rare that someone admits that they are going to sell a controlled substance. More often than not, it is charged based on the facts and circumstances. In particular, what the police and the prosecutors refer to as indicia of sale. Indicia of sale are things such as the number of baggies, the amount of substance, the packaging, whether the person has multiple cellphones, cash, and whether they are found to be in possession of a scale. The facts, circumstances, and these indicia of sale are what the courts look for to see if they can prove a charge of possession with intent, and what an experienced possession with intent to distribute attorney in Milford will try to defend against.
The penalties associated with the charge of possession with intent to sell can be severe. They can include significant periods of incarceration, probation, and fines. The total maximum sentence depends largely on the number of prior offenses.
In addition to the simple charge of possession with intent to sell, very often individuals are charged with possession with intent to sell within a school zone or a daycare. That particular charge also adds additional penalties and mandatory time that must be consecutive to any underlying sentence. A Milford possession with intent lawyer can help determine which situation best describes an individual’s charge. The penalties associated with possession with intent to sell are very severe, and include significant mandatory minimum jail sentences.
Constructive possession is a way in which someone can be charged with possession of a substance, even when it is not actually on their person. An example is when an individual is the target of a search warrant. The police officers knock on the door and enter the individual’s house. From there, they go into an individual’s room. If that person is not present and is not arrested at the time, and the police officers find various substances such as heroin, prescription pills, or marijuana in the person’s room, they get a warrant for the person’s arrest.
Law enforcement uses the phrase that the person was ‘in constructive possession’ of those items. To determine constructive possession, the police officers establish that the individual exercised dominion and control over that particular area. They take pictures of the clothing, the closet and possibly any pictures that are hanging up in the room or on someone’s bureau. They may even note that they found mail addressed to the person. The officers use all of this to show that this person exercised dominion and control over that area.
Constructive possession is how police officers are able to charge possession of narcotics when the substance is not actually found on the individual. Even though the person may be charged under a constructive possession theory, the penalties are exactly the same. The distinction between possession and constructive possession is simply a legal theory under which someone is charged. There is no difference in terms of penalty or possible defenses; it is just a legal theory under which the authorities can charge possession of a controlled substance or narcotics.
Intent to Sell: Alternative Sentencing
When someone is charged with possession with intent to sell, there are various pre-trial diversion programs the individual may be eligible for. There are a number of ways to obtain these programs. For example, if someone is charged with possession with intent to sell but in reality, it is simply a mere possession case, very often a lawyer can have the charges reduced to the mere possession and have that individual become eligible for a pre-trial diversionary program. That is one avenue where individuals charged with possession with intent can obtain these pre-trial diversionary programs. There is also a program available for someone charged with possession with intent to sell that can be used in conjunction with the typical drug programs in hopes of avoiding a criminal conviction.
There are a number of ways to use the lack of evidence in the particular charges in conjunction with the various pre-trial diversionary programs to get an individual into a diversionary program that does not result in a conviction, significant jail time, or incarceration.
Importance of an Attorney
It is very important to have a Milford possession with intent to distribute attorney by your side, particularly when someone faces possession with intent charges because there are often legitimate and strong defenses to many portions of these cases. Additionally, the penalties associated with these charges are severe. It is important that the case is handled appropriately from the very beginning. The best way to do that is by hiring a lawyer immediately to get involved and take appropriate action from day one.