Possession with Intent to Distribute Drugs or Distribution of Drugs, is the crime of knowingly or intentionally distributing or possessing with intent to distribute a controlled substance.
The maximum penalty is 2 years in a county house of correction and/or a fine of $500 or 10 years in a state prison and/or a fine of $10,000.
In order to prove that the Defendant is guilty of Possessing with Intent to Distribute or Distributing Drugs, the prosecutor must prove 3 things beyond a reasonable doubt:
- That the substance in question is a controlled substance.
- That the Defendant possessed some perceptible amount of that substance with the intent to distribute it to another person or distributed some perceptible amount of that substance to another person.
- That the Defendant did so knowingly or intentionally.
Defense Strategies for Possession with Intent to Distribute Drugs or Distribution of Drugs
There are many strategies for defending a charge of Possession with Intent to Distribute Drugs or Distribution of Drugs. Although each case is unique, The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof have many years of experience and no matter what the circumstances are in your case, we are prepared to protect your rights.
We may file a motion to:
- Dismiss for lack of probable cause.
- Suppress evidence obtained through an illegal search and seizure.
And, if the police failed to read your Miranda rights or to refrain from questioning once you asked for an attorney, I am prepared to protect you from statements you made to the police in any custodial situation.
We may also file a motion for Pre-Trial Diversion or 111E for a Drug Dependent Person or negotiate with the District Attorney to reduce the charge to straight possession.
We may even negotiate a Continuation without a Finding (CWOF), which means that you will not lose your driver’s license.
Once we have an opportunity to read your police report and talk to you, we will begin to develop a winning game plan to give you the best defense possible.
Contact The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof at, (781) 619-3147 for a FREE LEGAL CONSULTATION. We will provide an honest and straightforward opinion of your case and explain what we can do to help you.