New Haven Possession with Intent to Distribute Lawyer
Possession with intent to sell in New Haven, Connecticut covers a wide range of illegal conduct that is seriously investigated by law enforcement. The police will want to heavily prosecute individuals they believe possess a controlled dangerous substance or narcotic with the intent to sell it or distribute it to other users.The police will want to build a case based on the allegation of that individual’s intent to sell, and they will investigate the case thoroughly.
If you are facing charges and an allegation of possession with intent to distribute, it is important that you contact an experienced drug lawyer right away. A skilled New Haven possession with intent to distribute lawyer is your best asset in defending against these charges.
Possession vs. Possession with Intent
It is up to a jury to decide whether someone is in possession of a substance for personal use or for the intent to distribute it in New Haven. However, that only comes into play at a trial. So, very often the police will charge possession with intent to distribute based on the circumstances of the arrest. Those facts and circumstances relied upon by the police may not give rise to a sufficient case if the prosecutor or the judge believes that they will be able to prove that charge.
Very often these charges of possession with intent to distribute in New Haven are reduced to something less than possession with the intent to sell. There are a number of checks on the charge of possession with intent to sell, but initially, that decision is made by the arresting officer if it is an on-site arrest. If it is a warrant arrest, it is left to the prosecutor and the judge. At the end of the day, whether they can prove this charge is another story and if it is forced to a trial, determination would be up to a jury.
Constructive possession is a legal theory in which the police can allege that the person is in possession of a particular item, whether it be contraband, actual drugs, money, or cell phones. The idea of constructive possession is a legal concept where an individual can maintain dominion and control over an object or a space and therefore, they are in possession of whatever falls in that area. The common example is if the police obtain a search warrant for someone’s apartment and that person lives with a roommate. They only search one person’s room and inside of the room the person has a dresser and on top of that dresser is pictures of their family and mail addressed to that person. What they will do after getting a search warrant is seize property from the person’s room and bureau and argue exclusive dominion; the person had dominion and control over that area established by the fact that it was their room, clothes, mail, and pictures.
They will say that since the person had dominion and control over that area, they exercise constructive possession of whatever is found inside of that bureau. That is an illustration of exclusive possession. The reason it comes into play in drug cases is because very often they will use this idea of constructive possession to show the intent to sell. They will rely on the doctrine of constructive possession to show an amount of money, multiple packaging materials, or the amount of a particular narcotic and claim it is constructive possession. So the fact that it is not found on the person does not mean that they are not able to charge them. They will use a doctrine of constructive possession if they believe that they meet the requirements to prove that case. A New Haven possession with the intent to distribute lawyer is essential in refuting any evidence in their case.
Working with a New Haven Possession With Intent to Distribute Lawyer
It is important to have the help of a New Haven drug possession with intent to distribute attorney when charged with a drug crime, because these charges carry the possibility of significant sentences. Many drug charges carry large jail sentences as well as mandatory minimum sentences. Mandatory minimum sentence means that if a person is convicted of a particular crime the judge must impose a period that is set by the legislature. Whether it is five or seven years in jail, it is significant in connection with drug offenses.
Given the consequences associated with a drug offense, it is important that the person establishes the strongest possible defense from the beginning of their case and builds a defense that they cannot prove, regardless of whether they need to hire an investigator, or get witnesses to get statements or fight legal issues to challenge the search, the admissibility, or the validity of a stop.
These are all issues that an experienced New Haven drug possession with intent to distribute lawyer can assist the person with from the very beginning to ensure that they are in the best possible position to fight the case, head off severe consequences, and maximize the opportunity of obtaining the beneficial disposition of the case.