DC Drug Possession with Intent to Distribute Investigations

A person can be and usually is charged with possession with intent to distribute as well as simple possession. If a person is charged with possession with intent to distribute, the charge of simple possession is considered a lesser included offense. That means that in proving a person was in possession of a controlled substance with the intent to distribute, the prosecutor must prove the person was actually in possession or constructively in possession of the controlled substance with a DC drug possession with intent to distribute investigation.

The lower level offense of simple possession is an inherent part of the higher level possession with intent to distribute charge. When the prosecutors have no evidence of intent to distribute, they can charge a person only with simple possession. A person charged with possession with intent to distribute can also be charged with simple possession because that is a lower offense the prosecutors can try to prove in the event they cannot prove the intent to distribute the substance. Make sure you consult with a highly qualified drug lawyer if you are facing a DC drug possession with intent to distribute investigation. They can help fight the prosecutor’s evidence, and can possibly get your charge reduced or dropped.

Assessing Intent

Many drug possession or possession with intent distribution cases are affected by the constitutionality of the search conducted by the police. That could include a search of a person’s body, vehicle, or their house. Investigation of a possession with intent to distribute charge in DC could also include speaking to witnesses who were present at the scene of a search and observed the manner in which the police conducted the search.

That can be useful in challenging the illegality or the constitutionality of that search by the police. Witnesses may also be present at the scene that can help defense lawyers argue that a person’s possession of a certain substance was for their own personal use and there was no intent to distribute that substance.

Drug Addiction

Evidence of drug addiction or drug abuse may be relevant to a person’s intent to distribute case to argue that a person was in possession of a certain controlled substance for their own personal consumption and they had no intent to distribute it. That can make the difference between a person facing a felony charge and a misdemeanor charge. It can result in a person facing much less severe penalties. It is important for defense lawyers to examine how the police conducted an investigation, the manner in which they conducted the search, the authority they had to conduct the search, and what evidence connects the specific controlled substance to their client. They can challenge the prosecutor’s ability to prove that their client had actual or constructive possession of that substance.

Knowledge Possessed by Accused

Prosecutors try to use the circumstances of a person’s possession of a controlled substance to argue their state of mind at the time. No one can ever say what a person had inside their head at the time that they were allegedly in possession of a controlled substance. Prosecutors try to argue that the manner in which the controlled substances were packaged and other paraphernalia or items the person allegedly had on them or near them at that time can prove what was in their head and what their intentions were at that time.

This kind of evidence is ripe for challenge by DC drug possession defense attorneys because it is impossible to say exactly what is in someone’s head. The prosecutors need to connect circumstantial evidence to a person’s mental state. Defense lawyers can challenge those prosecution tactics in a number of ways. The defense can challenge whether the person was actually in possession of the other items the prosecutor claims are evidence of intent to distribute.

A person in possession of a certain type of controlled substance may not even be aware that somewhere in the car there are additional baggies or significant amounts of cash. Challenging this kind of circumstantial evidence is an essential part of building a good defense strategy to get the client the best possible result in their case.

Contact an Attorney

If you are facing penalties for drug possession with intent to distribute charges, contacting a skilled drug possession lawyer is very important. Intent to distribute charges can have very harsh consequences, therefore, if you know there is going so be an investigation, consult with a DC drug possession attorney as soon as possible so they can start building a strong case for you.