The possession of a controlled substance is illegal. It is punishable by fines and even imprisonment. The crime involves a possession that was to be distributed. For the knowledge of the case, it’s divided into three areas. The first part is on possession with the intent to distribute. The second part is the possession alone and intent to distribute. Until, all the three parts have been established, the possession with the intent to distribute felony has not been committed. To define the case, states are using the description by the federal government.
Possession of controlled substances has been prohibited and is a mere act of holding illegal drugs. A case scenario is getting illegal drugs from the pockets or a bag of someone. The conclusion is, therefore, they possess the drugs. To be with possession, however, the accused must be aware that they had the drug but refuse to get rid of them anyway. The majority of the jurisdiction has however chosen to flow with the idea that its outright that the accused knew they were carrying the drugs.
When it comes to the distribution; you have to show that the individual was going to distribute the drugs. As it is difficult to get to the memory of a person it is tough. The surrounding conditions can say about this. A large number of drugs could be the circumstance surrounding where the case can get its roots. Where you are found with large amounts of drug paraphernalia, packaging materials and a lot of cash; it is a lead to distribution. The discussions with the customers could as well work as proof.
It is not until proven that the accused was in possession of a drug and that they intended to distribute that possession with intent can be a charge. Being arrest with an amount that is for personal consumption, cannot be possession with intent as there is no intention to distribute. 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. Unless mitigating a particular factor, they are required to follow the set guidelines to rule out the case. Depending on the control products are the years to be convicted and the fines you have to pay. Another determination to the penalties is whether you have been arrested before or not.
To maneuver through the case you need a professional attorney. You need a strong defense to win the case through the professional attorneys. The prosecutors have a hard time to prove the three elements beyond a reasonable doubt.