Enforcement of Possession With Intent Charges in Milford
Drug charges are taken incredibly seriously in Milford. They can frequently carry severe fines and the possibility of years of jail time. Often, prosecutors will aim to charge an individual already facing possession charges with a possession with the intent to distribute charge which can then carry with it severe penalties, often affecting an individual’s future in terms of finances, future employment, and personal relationships.
With these consequences in mind, if you have found yourself face to face with the penalties in a possession with the intent to distribute charge, it is of the utmost importance that you contact an experienced possession with intent attorney immediately. The right lawyer can help in minimizing the ramifications that are associated with such a charge.
Frequency of This Offense
Throughout the entire state of Connecticut and in Milford as well, people are frequently charged with possession with intent to sell rather than just possession. Very often, an individual is charged in an on-site arrest by the police with possession with intent to sell, and even possession with intent to sell within 1,500 feet of a school or a daycare.
The police claim that this is based on the indicia of sale, and the items the person is found to have in their possession. However, when the defense lawyer gets to court and addresses the charges, there is simply not enough evidence to support a conviction for a possession with intent to sell. When this happens, it is referred to as overcharging. It commonly happens in Milford and throughout the state of Connecticut, and is something an attorney can use to have the charges reduced.
Burden of Proof
There are a number of charges concerning drugs that directly address an intent element. Every crime is composed of various factors, and at a trial, the state must prove beyond a reasonable doubt each and every one of those elements. When an individual is charged with possession with intent to sell, the state must show that the person had a specific intent to sell the narcotics or the controlled substance.
The prosecutor tries to do this by using the facts and circumstances surrounding the arrest. They look to the amount of the substance the person is in possession of, and how it is packaged. They determine if the person is in possession of a large amount of cash in various denominations of bills, and whether there are scales in the house. Finally, they will evaluate all of the available facts and circumstances of the case.
Similarly, there is a charge of possession with intent to sell within 1,500 feet of a school zone. That is particularly important because it carries an additional two-year mandatory minimum sentence that must run consecutively to any other penalty. The intent element is particularly relevant to this charge, because the person must have the intent to sell the narcotics. They also must have the specific intent to sell it at that specific location within the 1,500 foot radius of a school zone. The intent element comes up in a number of ways in the possession with intent to sell cases, as well as the more general sale cases. The intent element can give rise to a possible defense, and is something that any drug possession lawyer would evaluate to assess whether the state can meet its burden of proof.
Benefits of an Attorney
For an individual charged with intent to sell, the knowledge of an experienced attorney is invaluable. Only a lawyer is going to able to effectively defend your case in court, and present all the necessary evidence to help ensure that any and all penalties associated with your charge are minimized.