Anne Arundel Possession with Intent to Distribute Lawyer
Possession with intent to distribute charges in Maryland, including Anne Arundel County, are classified as possessing illegal substances with intent to sell. Intent to sell may be alleged based on the quantity of the substance possessed or other items found that suggest the accused intended to sell the product, such as ledgers, heat sealed bags or any sealing materials, scales, or weighing materials.
If you are facing such a charge, it is pertinent that you consult with an Anne Arundel possession with intent to distribute lawyer as soon as possible. An experienced drug attorney will be able to mount a case to help lessen or dismiss any penalties associated with your charge.
Burden of Proof
The police will put together as much information as possible and pass that information to the state’s attorney office. Being charged with possession with intent to distribute will not necessarily result in a conviction because sometimes a person can be overcharged.
It is common for possession with intent crimes or the allegations of it to be overcharged. When the accused has bags and/or scales on their person or in their belongings, the police presume that the person intends to sell drugs. That presumption can be overcome with evidence to the contrary.
Maryland criminal code, Section 5-301, provides that it is illegal to manufacture, distribute, or dispense a controlled substances for sale in Maryland. Intent to distribute means that the accused individual has the ability or intention to sell illegal narcotics or marijuana. The prosecution has to establish that beyond a reasonable doubt. They also have to prove that the product is a controlled dangerous substance or an illegal substance.
A seasoned Anne Arundel possession with intent to distribute attorney can help an individual determine the best defenses to employ to help defend against the prosecution’s charge.
There are not any alternative sentencing programs or diversion programs for people charged with intent to distribute. The best option for a person that is charged with possession with intent to distribute is probation before a judgment.
Common Ways This is Charged
Some of the most common situations for being charged with intent to distribute in Anne Arundel occur when people are driving. If a person speeds in Anne Arundel County and the police stop them, the smell of marijuana in the vehicle may provide probable cause to search the vehicle, at which point the police officer will search everything. If the officer finds a large quantity of marijuana, even if the person alleges that they just packed a little extra for the day, that may be sufficient to establish intent to distribute. In some cases, when people pass through Anne Arundel County to go to the beach and take drugs with them, they pack the drugs in multiple containers and try to spread it out amongst their luggage. That will not protect that person from being charged if the vehicle and luggage are searched.
Additionally, if a person is stopped by the police while driving and has an outstanding warrant, the vehicle can be searched with the owner’s consent or when being inventoried at the impound. An illegal substance found could result in a criminal charge for possession and/or possession with intent to distribute, if the circumstances warrant it. These additional charges could result in further penalties in an intent to distribute case in Anne Arundel.
A person can be charged with possession with intent to distribute and possession at the same time for the same incident. When there are multiple people involved in a case, each defendant’s potential outcome will be dependent on the circumstances of each individual case, that person’s alleged role, and what law enforcement uncovered.
Constructive possession is slightly different than possession. In constructive possession cases, the accused individual is alleged to have knowledge of the drugs and control over them, despite the drugs not being on their body or in a bag that they are carrying. A vehicle with multiple passengers and drugs is presumed to be constructively possessed.
If the quantity of drugs or other products found with the drugs suggest there is intent to distribute, anyone that could be charged with constructive possession could be charged with intent to distribute. It is, however, a more difficult charge to prosecute. An Anne Arundel possession with intent to distribute lawyer can determine how to refute the prosection’s accusation of constructive possession.
Benefits of an Attorney
It is essential to contact an Anne Arundel drug possession with intent to distribute attorney as early as possible when charged with possession with intent because the state prosecutes intent to distribute cases aggressively. The charge is a serious felony and a serious matter; therefore, the prosecution will exercise leniency because it is the defendant’s first time being charged or their first time in court. The judge will not be merciful because the accused appears without a lawyer.