Possession with intent to deliver charges are very severe. To “deliver” in a judicial sense means the actual, constructive or attempted transfer of any controlled substance from one person to another.
Possession with Intent to Deliver Penalties
Possession with intent to deliver charges are complicated, and if you want to totally understand the extent of your case, what first must be established is the quantity of drugs involved during the time of arrest. Depending on the kind of controlled substance involved, your charges could span drastically. Possession with the intent to deliver marijuana is a felony that carries up to 18 years in prison and $15,000.00 fine. The negative effect on your life could damage you indefinitely. Your reputation, career, or even partnerships will be put in jeopardy, and a permanent criminal record will certainly affect your ability to secure employment.
Possession with Intent to Deliver Defense
Before you could be convicted of possession with intent to deliver, the prosecutor must confirm three points: (1) the substance was an illegal controlled substance, (2) that you were not authorized or prescribed to use the drug, and (3) that you intentionally possessed the drug and planned to deliver it to another person. Premise (1) could be met with eye witness accounts, like the policeman actually seeing you give drugs to another person. Premise (3) could be proven by simply showing the way the drugs were packaged and if there were scales or other paraphernalia present at the scene of the crime. The volume of drugs you have alone may be used as evidence against you.
Since prosecutors can use a variety of evidence, like paraphernalia and packaging to prove possession with intent to deliver, it is necessary for the defense to investigate and establish factual support by assessing every detail of the case. It should be established that the proof opposed to you was collected appropriately and in accordance with your 4th Amendment rights regarding illegal search and seizure, which is a very prevalent violation police officers make in the heat of an arrest. If your attorney can prove that the police went against your human rights, the evidence provided against you can be reduced and the charges dropped.
Possession with Intent to Deliver Lawyer in New Mexico
Possession with intent to deliver cases can be very subjective. Prosecutors do their best to ramp up penalties to ensure that individuals may be convicted and severely punished. An experienced New Mexico lawyer can work to reveal the cracks and flaws in the charges. Don’t forget, the difference between freedom and jail may be an experienced defense that only a leading lawyer can offer.