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Madison WI Possession with Intent to Deliver Defense Lawyer
Attorney
Another common drug charge, one that is usually more serious
than simple possession, is possession with intent to deliver. To
prove possession with intent to deliver, the state first needs to
prove knowing possession. If the prosecution can prove knowing
possession of a controlled substance, the next question is whether
it can prove intent to deliver the controlled substance. Intent to
deliver is nothing more than the intent to transfer or attempt to
transfer the controlled substance from one person to another. The
state does not need to prove that the intended transfer was for
profit.
The prosecution often tries to prove intent to deliver with
little more than the amount of drugs or the packaging. For example,
assume that you are searched and the officer finds six individual
baggies each containing a small amount of cocaine. It is likely
that the officer will assume that you packaged this cocaine in these
baggies for resale and arrest you for possession with intent to
deliver. But wait. How does the officer know that you packaged the
baggies like that? It is also possible that you purchased the
baggies like that with the intent to use the drugs rather than
redistribute them. If that is the case, you may be guilty of simple
possession, but you are not guilty of the more serious offense of
possession with intent to deliver. Another typical situation where
the state charges possession with intent to deliver is when an
officer finds more than a petty amount of a particular controlled
substance in your possession. For example, if an officer finds a ½
ounce of cocaine, he may assume that a ½ ounce is more than one
person would plan to consume so you must plan to deliver some or all
of it. Again, this is an assumption that might not be fair and,
based on the other evidence in the case, may not be enough to
convict. Assuming that the state has enough evidence to prove
possession, what does the officer know about your drug habit? A
person may have a serious drug problem and purchase fairly large
quantities at one time.
The bottom line is that it pays to have a qualified drug
lawyer review the particular facts of your case to determine if the
state has enough evidence to prove each element beyond a reasonable
doubt. If you stand charged with possession with intent to deliver
or any other drug offense in Wisconsin, contact Madison possession
with intent to deliver attorney Robert T. Ruth for a free
consultation to review possible defenses in your case.
Madison Possession with Intent to Deliver Defense Lawyer -
Madison
Possession with Intent to Deliver Defense
Attorney
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