If you are accused of possessing illegal or controlled substances with the intent to sell or distribute them to others, you could face serious penalties. These may vary depending on the type of substance involved. There are several defenses that may be available to you, however.
Possession with intent to distribute
To find you guilty of possession with intent to distribute the prosecution must meet several elements. They must show that you had control or custody of the illegal substances, which includes having drugs in your car or home.
They must also show that you had the intent to transfer drugs to another person, which might be demonstrated with evidence that suggests drug trafficking, like packaging, a large amount of drugs and cash.
Penalties and potential defenses
If you are convicted, you could face penalties that range from a misdemeanor to a felony, potential imprisonment, and thousands of dollars in fines. While the defenses will vary based on your circumstances, there are several you can consider.
Because intent is a primary element of the crime, it may be a defense to demonstrate a lack of intent to distribute. Also, if the evidence against you was obtained through an illegal search and seizure, you may be able to exclude it.
If several people had access to the place where the drugs were found, you may be able to argue that you did not have control over them. Finally, if there was a legitimate use for the drugs, such as those that are prescribed to you by a licensed healthcare professional, you may use that as a defense.