It is against the law to have the controlled substances in your possession. This may lead to you being detained, or you pay a fine. The crime involves a possession that was to be distributed. This case can be split into three parts for easy understanding. The first part is about purpose. The art of possession and distribution is what the other parts are about. You can only charge someone with possession with the intent to distribute crime the moment the three areas have been proved. Most of the states however are using the federal definition on cases related to this.
It is illegal to be found in possession is the illegal substances. This is where you are likely to find illegal drugs in hand or the pocket of an individual. The conclusion is, therefore, they possess the drugs. For this to constitute property yet, the accused has to be knowing that they had the drug. It if however assumed that the accused was of the knowledge that they were possession the drugs.
The delivery of the drugs has to be proved by the government. They however, find this very hard to do as you cannot tell what one is thinking. They can, however, get a proven through the situations surrounding. The surrounding circumstances could be that they possessed large amounts of drugs. An excellent lead to delivery could be the presence of large amounts of money packaging materials and drug paraphernalia. Communications from the customer should also act as proof.
Possession with intent is not a charge until when you prove the accused was in the light of distributing the drug and were already in possession. When arrested with only a small amount to consume, for instance, you have no intent to distribute thus cannot be charged with possession. Another example is when you have a large part of drugs were to trade with all the deals, but the drugs are not in position.
Cases on possession with intent usually are determined by the controlled product that the accused was having. The federal judge decides the sentence typically. If they are not mitigating any factor, the judges make their decision following the set rules. The accused have fines they are required to pay which differs on the illegal drug they were in possession of. The fines can as well be determined by whether you have ever been arrested or not.
To win such a case you should hire a licensed attorney. You need a strong defense to win the case through the professional attorneys. The prosecutors have been able to find it quite hard to prove the three elements thus lawyers may help out.