Madison criminal defense lawyer Robert T. Ruth defends individuals accused of possession with intent to deliver a controlled substance in Wisconsin. He has been a Wisconsin lawyer since 1993 and has devoted his law firm to criminal defense since then. He is well-versed in all aspects of criminal defense in Wisconsin and federal courts, from the initial stages of a case through direct appeal, petition for review or petition for certiorari and collateral attack. If you stand accused of possession with intent to deliver anywhere in Wisconsin, let his experience in the courtroom, along with his commitment to his clients, go to work for you.
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.