It is against the law to have the controlled substances in your possession. This may lead to you being detained, or you pay a fine. The crime involves a possession that was to be distributed. This case can be split into three parts for easy understanding. The first part is about purpose. The second part is the possession alone and intent to distribute. The possession with the intent to distribute crime has not been committed until all the three crimes have been proven to take place. The federal government has the explanation to this cases.
It is illegal to be found in possession is the illegal substances. This is where you are likely to find illegal drugs in hand or the pocket of an individual. The conclusion is, therefore, they possess the drugs. For this to constitute property yet, the accused has to be knowing that they had the drug. Most jurisdictions, however, go with the idea that the accused should have known they are in possession of illegal drugs the prosecution, therefore, has a straightforward way to prove this aspect.
On the distribution element, the government needs to prove that the person possessing drug had the intention of doing something with the drugs. They however, find this very hard to do as you cannot tell what one is thinking. This is therefore proven through the surrounding circumstances. The surrounding circumstances could be that they possessed large amounts of drugs. An excellent lead to delivery could be the presence of large amounts of money packaging materials and drug paraphernalia. Communications from the customer should also act as proof.
Possession with intent to distribute has not occurred until it is proven the accused was in possession and has an intent to distribute. When arrested with only a small amount to consume, for instance, you have no intent to distribute thus cannot be charged with possession. Another incident would be a person intending to sell a large portion of drugs but the drugs are not in their possession.
The determination of the judgment of these cases is the controlled product you were caught with. The federal judge decides the sentence typically. If they are not mitigating any factor, the judges make their decision following the set rules. The accused have fines they are required to pay which differs on the illegal drug they were in possession of. The fines can as well be determined by whether you have ever been arrested or not.
To win such a case you should hire a licensed attorney. You need a strong defense to win the case through the professional attorneys. The prosecutors have been able to find it quite hard to prove the three elements thus lawyers may help out.