Learning the Difference: Intent and Delivery of Controlled Substances
All “drug” cases are not equal or the same and neither are the charges that can fall upon one when charged of delivery of controlled substances. Misdemeanor drug scenarios, though major, are much less severe than felony drug situations. Drug distribution– that is basically an exchange of a dangerous drug, such as marijuana, cocaine, or heroin, from an individual to another one– is classed as a felony related to drug offenses associated with “drug dealing.”
This is distinct with “intent to deliver,” which suggests that the alleged individual had an amount of the controlled substance that they meant to sell and spread to others. “Delivery of controlled substances” occurs during the sale. It does not concern what amount of cash, or what type of money is included. So long as an exchange has been obtained, you can be charged with delivery of controlled substances and the seriousness of the consequences for this type of felony will be based on the type of drug, the weight or quantity of the drug and the individual’s previous criminal convictions.
Turning Possession Into Delivery of Controlled Substances
When absolutely no sale of medications has taken place, the prosecutor may use an array of evidence to establish the intent to deliver an abused substance arising from a possession charge. The prosecutor also can verify an intent to provide charge although no money was swapped and the drugs were not really delivered. While these charges are oftentimes based upon the amount of the drug in someone’s possession, the drug offense may also be established based upon drug paraphernalia suggesting an intent to sell the drugs, just like mail scales, possession of common cutting tools and baggies or balloons.
Since these type of regular household items do not confirm unlawful actions taken in isolation, they are usually considered as proof in addition to the quality of narcotic in a person’s possession. Basically, the possession component of the charge is based upon the production of precise proof while the intent to deliver portion of the charge is most typically proven based on inconclusive evidence, like the way the drugs are packaged or the presence of excessive amounts of cash.
Delivery of Controlled Substances Defense
The category of a felony is oftentimes determined with the number of grams of the drug that are in the individual’s things or were delivered. For instance, a possession with the intent to distribute marijuana carries 1-18 years in jail and fines from $5,000 to $15,000.
The likelihood of prison time can be very high for these kinds of offenses. That is why hiring a knowledgeable lawyer is important. Without having proper representation, your rights may be neglected and your trial outcome uncertain.