Marietta Possession with Intent to Distribute Lawyer
The drug laws in Georgia are some of the strictest in the country, but they are also largely misunderstood. It is illegal to possess many different types of drugs but sometimes, people are surprised that they are not being charged with just possession, but also the intent to distribute. This is one of the most serious drug charges of all. If you have been accused, you need to speak to our Marietta drug possession & distribution lawyer so you can obtain the solid advice you need.
What the Prosecution Must Prove in Possession with Intent to Distribute Cases
There are many elements of the case the prosecution must prove to secure a conviction for possession with intent to distribute. The first is that you actually or constructively possessed the drug. Actual possession refers to when someone has drugs on their person, or somewhere within their immediate control. Constructive possession refers to when someone owns drugs but does not have them on their person. For example, if drugs were placed in a storage unit, that could be constructive possession.
The prosecution must also show that there was a large quantity of drugs. If the quantity of drugs was small, it could be argued that they were for personal use and that you had no intent to distribute them. Although this could still result in possession charges, the penalties are much smaller than if you had planned to sell, distribute, or deliver the drugs to someone else. Sadly, the prosecution often tries to elevate minor charges and this tactic is very common in cases involving possession with intent to distribute.
Mandatory Minimum Sentences in Possession with Intent to Distribute Cases
As with many other offenses, a conviction for possession with intent to distribute often carries a mandatory minimum sentence. This means that regardless of the facts of your case, you will have to spend a certain amount of time in jail. However, there are times when the court can deviate from the mandatory minimum sentences. These include when:
- You provided the police with valuable assistance and information
- You did not use or possess a deadly weapon at the time of the arrest
- You were not the leader of a criminal operation
- You did not cause bodily harm or death to another person, or
- You have no previous convictions on your criminal record
If you have been arrested or charged with possession with intent to distribute, it is critical that you seek legal help. A lawyer can advise on the facts of your case and how you can retain your freedom.
Call Our Possession with Intent to Distribute Lawyer in Marietta Today
If you or someone you love is facing charges, call our experienced Marietta drug possession lawyer at the law firm of Andrew L. Schwartz for a free case review. Our seasoned attorney has the necessary experience to help you get your charges reduced or dismissed altogether. Call today at (678) 853-2500 or contact us online to book a meeting with our attorney.