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Even though simple possession can lead to severe consequences on its own, a conviction for possession with intent to distribute can have devastating ramifications on nearly every aspect of your life. A law enforcement officer might charge you with possession with intent to distribute a controlled substance depending on numerous factors, including the type and amount of the controlled substance allegedly in your possession.
At Noorishad Law, P.C., we have extensive experience protecting clients through each phase of the legal process. Whether we are preparing to fight your case in trial, or negotiating with the prosecutor's office to get your charges reduced, you can count on us to provide you with zealous and aggressive representation based on attention to detail and thorough preparation.
What Constitutes "Intent to Distribute"?
Virginia courts have considered a number of factors when determining if an intent to distribute exists:
If you or a loved one has been charged with a drug crime, it is crucial that you act quickly to find legal representation. A skilled defense attorney can quickly get to work developing a defense that keeps you out of jail and minimizes your exposure to serious consequences. We will examine the facts of your particular case to determine what possible defenses you may have in an effort to have your charges reduced or possibly dismissed. Please contact us at your earliest convenience to schedule your free telephone or in-person consultation with one of our attorneys.
At Noorishad Law, P.C., we have extensive experience protecting clients through each phase of the legal process. Whether we are preparing to fight your case in trial, or negotiating with the prosecutor's office to get your charges reduced, you can count on us to provide you with zealous and aggressive representation based on attention to detail and thorough preparation.
What Constitutes "Intent to Distribute"?
Virginia courts have considered a number of factors when determining if an intent to distribute exists:
- Quantity: If the quantity of drugs possessed is greater than that ordinarily possessed for personal use, that fact alone may be sufficient to prove intent; however, where the quantity is small, the fact finder may infer the drugs were intended for personal use. There is no specific limit on quantity which divides simple possession and possession with intent to distribute a controlled substance. Technically, if you pass a some of the controlled substance to the person next to you, you can be charged with possession with intent to distribute a controlled substance.
- Packaging: Cocaine that was packaged into two separately wrapped blocks in a single plastic bag has supported a finding of distribution.
- Testimony from the police officer or other expert: The police officer, or another expert's testimony, is a factor that the Court may consider in determining whether drugs were possessed with intent to distribute.
- A large amount of money: The presence of an unusually large amount of money, suggesting profit from sales, is another circumstance that supports an inference of the person's intent to distribute a controlled substance.
- Paraphernalia consistent with distribution: The presence of paraphernalia such as scales, baggies, or razor blades used in the packaging process supports an inference of the person's intent to distribute a controlled substance.
- Absence of drug paraphernalia for personal use: The absence of drug "paraphernalia suggestive of personal use" is another consideration in supporting an intent to distribute.
If you or a loved one has been charged with a drug crime, it is crucial that you act quickly to find legal representation. A skilled defense attorney can quickly get to work developing a defense that keeps you out of jail and minimizes your exposure to serious consequences. We will examine the facts of your particular case to determine what possible defenses you may have in an effort to have your charges reduced or possibly dismissed. Please contact us at your earliest convenience to schedule your free telephone or in-person consultation with one of our attorneys.