Fairfax Possession with Intent to Distribute Defense Attorney

Charges Of Possession With Intent Can Endanger Your Future

Drug cases are frequently prosecuted aggressively and often result in severe penalties for those who are convicted. If you have been charged with drug possession with intent to distribute, you face severe criminal penalties, including years in prison.

At Lawrence, Smith and Gardner, we have extensive experience defending people in Virginia against drug-related charges. We never forget that we are working for you, not the other way around. We will do everything in our power to ensure a dismissal of your charges or a not guilty verdict. From arraignment, preliminary hearing, through sentencing in circuit court, we stand ready to protect your interest.

Contact us today online or by telephone at (703) 382-5840 to speak with a knowledgeable Fairfax, Virginia, drug charge defense lawyer.

What is Possession with Intent to Distribute?

In Virginia, possession with intent to distribute refers to the illegal possession of a controlled substance with the purpose of distributing or selling it. The key element of this charge is the intent to distribute, which differentiates it from simple possession charges. While simple possession involves having drugs for personal use, possession with intent to distribute implies that the individual has the drugs for the purpose of selling or sharing them with others.

The Elements of Possession with Intent to Distribute

For the prosecution to secure a conviction for possession with intent to distribute in Virginia, they must prove the following elements:

1. Possession: You must have had control over the drugs, meaning you had possession or access to the substance in question.
2. Knowledge: You must have been aware of the presence of the controlled substance. Simply being unaware that drugs are in your possession will not suffice as a defense.
3. Intent to Distribute: The prosecution must prove that you intended to distribute the drugs, not merely possess them for personal use. This may involve showing evidence of packaging, scales, large quantities, or communications about drug sales.

Each of these elements must be proven beyond a reasonable doubt for the prosecution to win a conviction. This is where the skill of Fairfax possession with intent to distribute defense attorneys is crucial. We understand how to challenge the evidence, scrutinize the prosecution’s case, and ensure that your constitutional rights are upheld throughout the process.

What are Possible Penalties for Drug Possession with Intent to Distribute?

At Lawrence, Smith and Gardner, we offer clients the experience and resources of a large defense firm, and the accessibility and communication of a smaller firm. We represent clients in a number of drug-related defense cases, including possession of drugs with intent to distribute.

The sentence ranges you face for an intent to distribute charge depend on the drugs involved:

• For marijuana, if you are caught with 5 or more pounds of marijuana, you may face a Class 5 felony charge. A conviction could result in 1 to 10 years in prison, or up to 12 months in jail with a fine of up to $2,500.
• For cocaine charges, a first offense carries a prison sentence of 5 - 40 years. A second offense, 5 years to life in prison.
• Immigration consequences, all drug-related offenses potentially have serious immigration consequences.

Our attorneys have handled numerous drug defense cases and know the avenues to success. We know the threshold the prosecution must cross and are adept at challenging evidence, witness testimony, and other case elements that are detrimental to our clients’ prospects. We know how to challenge the way the police followed the necessary procedures in order to protect our clients’ constitutional rights. We will use our skill and experience in criminal law to aggressively pursue a favorable result for you.

How to Fight Drug Charges?

There are several potential defenses that Fairfax possession with intent to distribute defense lawyers may use in your case. One of the most common defenses is that the drugs were intended for personal use, not distribution. The prosecution must prove that you intended to distribute the drugs, which can be difficult to establish, especially if you were found with a small amount or there is no other evidence indicating drug sales.

Other common defenses include challenging the legality of the search that led to the discovery of the drugs. If the police did not have a warrant or probable cause for the search, any evidence obtained may be inadmissible in court. Your lawyer can file a motion to suppress the evidence, potentially leading to the dismissal of charges. 

Additionally, if the drugs were found in a shared space, such as a home or car, it may be difficult for the prosecution to prove that you had exclusive control over them. Lastly, the prosecution must present clear evidence of your intent to distribute, such as large quantities of drugs, packaging, or trafficking evidence. If this evidence is lacking, your attorney may argue for a reduction in charges to simple possession.

Contact Drug Defense Attorneys Who Put You First

You can trust that you, as well as your future, are our top priority. We strive to protect your rights at every step, and make the law work for you. 

Use our contact form or call us at (703) 382-5840 to arrange a free initial telephone consultation.