Facing a possession with intent to distribute charge can be a terrifying and confusing experience. Understanding your rights and the legal avenues available to you can make a significant difference in the outcome of your case. In this article, we will explore how to fight a possession with intent to distribute charge, examining key strategies and legal defenses that can help you navigate this challenging situation.

Unlawful Search and Seizure

The Fourth Amendment

One of the first and most critical aspects of defending against a possession with intent to distribute charge is to scrutinize the legality of the search and seizure that led to your arrest. The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. If law enforcement officers violated your rights during the search, the evidence obtained might be inadmissible in court.

Motion to Suppress

Filing a motion to suppress is a powerful tool in drug-related cases. This motion requests the court to exclude any evidence obtained through unlawful means. Suppose you can demonstrate that the search and seizure were conducted without a valid warrant, probable cause, or in violation of your constitutional rights. In that case, the court may rule the evidence inadmissible. Without this evidence, the prosecution's case could collapse, leading to the dismissal of charges.

Examining the Evidence of Possession

Actual Possession vs. Constructive Possession

When fighting a possession with intent to distribute charge, it's crucial to dissect the evidence of possession. The prosecution must prove that you had control over the drugs. This can be categorized into actual possession, where the drugs are found on your person, and constructive possession, where the drugs are found in a place you control, such as your home or car.

Challenging Possession Evidence

If the drugs were found in a shared space or a location accessible to multiple people, you could argue that the drugs did not belong to you. The presence of others who had access to the area where the drugs were found can create reasonable doubt about your possession. The prosecution must prove beyond a reasonable doubt that you had knowledge of and control over the substances.

Questioning the Intent to Distribute

Circumstantial Evidence

The intent to distribute is often inferred from circumstantial evidence rather than direct proof. Prosecutors may present items like scales, large sums of money, or packaging materials as indicators of distribution intent. However, these items alone do not conclusively prove that you intended to distribute drugs. There can be innocent explanations for their presence.

Innocent Explanations

For instance, owning a scale does not necessarily mean you are involved in drug distribution; it could be used for entirely legal purposes. Similarly, large amounts of cash could be from legitimate sources. By providing plausible, innocent reasons for these items, you can challenge the prosecution's narrative and weaken their case against you.

Suppressing Statements

If you made any statements to law enforcement indicating an intent to distribute, it's vital to explore whether those statements can be suppressed. Statements obtained in violation of your Miranda rights, or through coercion, may be deemed inadmissible. An experienced attorney can examine the circumstances under which your statements were made and potentially have them excluded from evidence.

Conclusion

Fighting a possession with intent to distribute charge involves a multi-faceted approach, focusing on unlawful search and seizure, challenging the evidence of possession, and questioning the intent to distribute. By understanding your rights and leveraging legal defenses, you can build a robust defense against these serious charges. It's crucial to work with an experienced criminal defense attorney who can navigate the complexities of your case and fight to protect your freedom. Contact Brett Willis Law today to discuss your case and explore your options