Possession with intent to deliver is a serious criminal offense in Michigan and usually involves evidence where one possesses amounts of controlled substances that police and prosecutor’s use to infer you intended to sell or deliver the drugs.
Because possession with intent to sell is usually a felony, penalties include jail sentences that range anywhere from 4 years to life depending on the amounts of drugs and the particular drug alleged to have been part of the crime.
This charge differs from regular drug possession because prosecutors generally have to prove that you somehow intended to sell the drugs even though there may be zero direct evidence such as eyewitness or video surveillance of transactions. Because these charges can carry extra difficulties for prosecutors, it is important to know your rights and make sure that you can take advantage of all of your available defenses so as to improve your odds of avoiding the harsh penalties or getting the charges dropped.
At the Clark Law Office, our attorneys have over 30 years of experience in defending drug cases, suppressing evidence, winning at trial and securing extremely favorable plea bargains. It is imperative to hire an attorney as soon as possible so that you can receive assistance and guidance in not only protecting your rights and defenses, but also to make sure that over intrusive police and prosecutorial tactics do not limit your options and leave your case worse off than it was before delays, conversations, and admissions took place.
Additionally, it is important to know the different types of possession. It is not necessary for prosecutors to prove that you physically held possession of the controlled substance such as marijuana, cocaine, heroin, or meth in order to get a conviction. Physical possession is only one type of possession. A person can also constructively possess controlled substances. Constructive possession means that there was a right to access or exercise control over the substance that might have been located in an area, room, or vehicle that the person being charged with the offense was not. And just because one person was deemed to have possessed the drugs does not mean that another person could not possess the drugs at the same time.
While prosecutors have to prove that you intended to sell the drugs, in many instances scales, baggies and other types of evidence will allow the prosecutor to continue with the case and receive a conviction for possession with intent to deliver. This is why it is important to determine whether you have defenses such as having a medical marijuana card or other factual support for your innocence. In every case, it is especially important to make a determination regarding the legality of all the evidence that was gathered, and if it was done properly, so as to make sure that your 4th amendment rights were violated by unlawful searches and seizures requiring the suppression of evidence and dropping of the charges.
The challenges and hardships faced by those charged with drug crimes and possession with intent deliver can often leave you helpless and with the daunting task of standing up against the criminal justice system alone. At the Clark Law Office we advocate for you and will guide you and fight for you at every step in your case. With decades of experience and knowledge of the laws and your constitutional rights we can assert your best defenses and maximize your chances of avoiding jail or prison while making sure illegally obtained evidence is suppressed and your charges are dropped. Contact The Clark Law Office for a free consultation at (517) 347-6900 to have us help you with any legal problem.