How Using Services of a Criminal Defence Lawyer
Can Prove to be Helpful in a Drugs Case?
Consequences are generally quite harsh in case someone is facing drug charges. Additionally, likelihood of severe punishment increases if intention to distribute or sell drugs gets proven. As such, it is necessary to appoint an experienced criminal defence lawyer while facing drug charges to have best chance of a favorable judgment. Our aim here will be to go through information on charges related to possession with intention to sell and what would be the likely punishment is guilty is proven and role of lawyer in defending your position.
Possession and Intention to Sell Drugs
Charges of drug possession refers to a situation where a person was in possession of certain type of drug. It is worth mentioning that it will be possible to prove possession even if a person does not have possession of said drugs. Such situation will arise when law enforcement personnel find drugs in accused person's property and the person:
- Has knowledge of presence of the drugs and
- Is able to control the drugs
It is also not necessary for public prosecutor to establish the fact that person knew about presence of drugs. It will be enough to prove that in given circumstances person would normally be aware of availability of drugs.
What is meant by intent to sell?
Public prosecutor will also make an attempt to highlight person's intentions to sell drugs. Circumstantial evidences are utilized by a public prosecutor for proving such intent. These evidences include:
- A person is in possession of large amount of drugs which is a lot more than what is normally required for personal use.
- Person is found to have a lot of cash.
- Person has equipment and things that are generally used for packaging or distribution of drugs (such as scales to be used for weighing drugs).
Moreover, just the intention or plans of selling drugs will be enough for framing the charges even if the person has not sold anything to anyone.
Legal Defenses Against Drug Charges
An experienced and competent criminal defence lawyer will be able to utilize several different defenses against drug charges a person is facing.
#1: Lack of Possession
Here it will be the responsibility of public prosecutor to highlight the fact that person had illegal possession of some type of drug. The aim here of your criminal defence lawyer will be to prove the fact that you did not possess those drugs.
#2: Lack of Knowledge About Drugs
A criminal defence lawyer will take up the responsibility of proving the fact that you were not aware of the drugs. A lawyer will try to create reasonable doubt regarding your knowledge about availability of drugs as well as about rational motive behind keeping the drugs in that location.
#3: Lack of Intent to Sell
Another challenge for criminal defence lawyer will be to establish the fact that you had the drugs just of personal use and had no intentions of selling them.
To summarize it can be said that role of a criminal defence lawyer is quite important in drug case and if you want proper representation in the case then it will necessary to hire an experienced lawyer.