Drug Trafficking: Possession With the Intent to Sell
One manner the authorities will utilize to attempt to prove a case of trafficking in a Controlled Substance is to seek a theory of Possession with the Intent to Sell or Distribute. This strategy consists of utilizing a "narcotics expert" who is a police officer experienced in investigating drug cases.
Factors for Proving or Disproving Possession With the Intent to Sell
The narcotics expert will use certain factors to determine if someone possesses drugs with the intent to sell them. The basic factors are as follows:
- The amount of the seized drugs;
- The existence of individual packaging of the drugs;
- The presence of scales used to weigh drugs;
- The presence of items commonly used to package drugs such as sandwich bags; the existence of foot traffic at an individual location;
- The amount of money seized from the suspect;
- The existence of any "drug notes" basically consisting of notes of prices or amounts owed to the alleged drug-dealer.
It is a rarity that all of these factors are present in any individual case. One important strategy in these types of cases is for your lawyer to utilize the absent factors to suggest that an accused individual did not possess the drugs with the intent to sell or distribute.
The Burden of Proof is on the Prosecution, Not the Defense
Of course, we cannot forget the obvious. In order for the Commonwealth to prove my client guilty of possession of drugs with the intent to sell or distribute, the Commonwealth must first prove that my client indeed actually possessed the drugs. This evolves into a debate of actual versus constructive possession, and a litany of defenses can be utilized in this arena of the defense.
Contact Attorney Shannon D. Sexton
The above is a small sample of the multiple strategies that need to be pursued in order to build a complete defense for a client who has been accused of a trafficking in drugs under a theory of possession with the intent to sell or distribute. It is important to have an attorney with the experience, ability, and thoroughness to utilize these strategies in the course of your representation. If you have been charged with a crime, call me at 859-431-9999 or contact me online.