Possession with intent to deliver charges are very severe. To “deliver” in a judicial sense means the actual, constructive or attempted transfer of any controlled substance from one person to another.
Possession with Intent to Deliver Penalties
Possession with intent to deliver charges are complicated, and if you want to completely understand the extent of your case, what first must be established is the quantity of drugs involved during the time of arrest. Depending on the kind of controlled substance involved, your charges could span drastically. 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 behind bars and can increase to 3-50, 5-50 or 20-life, depending on the quantity involved. The negative effect on your life could damage you indefinitely. Your reputation, career, or even relationships will be put in jeopardy, and a permanent criminal record will surely affect 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 aspects: (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) could be met with eye witness accounts, like the policeman actually seeing you give drugs to another person. Premise (3) could 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 quantity of drugs you have alone can be used as evidence against you.
Since prosecutors can use an array of evidence, like paraphernalia and packaging to prove possession with intent to deliver, it is essential for the defense to investigate and establish factual support by assessing every single detail of the case. It should be established that the evidence against you was collected appropriately and in compliance with your 4th Amendment rights referring to unlawful search and seizure, which is a very common infraction police officers make in the heat of an arrest. If your lawyer can show that the police officer violated your constitutional rights, the proof provided against you can be suppressed and the charges dropped.
Possession with Intent to Deliver Lawyer in Oklahoma
Possession with intent to deliver cases can be very subjective. Prosecutors do their best to ramp up charges so that individuals may be convicted and severely punished. A skilled lawyer can work to show the cracks and disadvantage points in the charges. Remember, the difference between freedom and jail may be an experienced defense that only a top attorney can offer.