On behalf of Michael A. Gottlieb, P.A. posted in drug possession on Wednesday, February 24, 2016.
As we’ve made clear in previous posts, the war on drugs is still going strong here in Florida, with law enforcement looking to intercept supply existing lines, prevent the entrenchment of dealers and stop the proliferation of new substances.
What this means is that prosecutors will almost always pursue the harshest possible charges against defendants and frequently prove unwilling to entertain the notion of plea bargains.
One drug charge in particular that prosecutors will not hesitate to bring are those alleging possession with intent to distribute. This is significant as a conviction can result in a potentially lengthy prison term with certain substances calling for more severe punishment to be meted out.
In general, a prosecutor pursuing possession with intent to distribute charges must demonstrate the following elements:
- The material seized by law enforcement is considered a controlled substance under state law
- The defendant either knew or should have known of the presence of the substance and its unlawful status
- The defendant had control over both the location and presence of the controlled substance
- The defendant demonstrated an intent to distribute the controlled substance to others
While this is seemingly a heavy burden of proof, it’s important to remember that prosecutors are often very good at their jobs, meaning they know how to build strong and compelling cases.
At Michael A. Gottlieb, P.A., we are also very good at our job, meaning we know to build strong and compelling defenses in drug crime cases alleging possession with intent to distribute.
Indeed, our founding attorney, Michael Gottlieb, has over two decades of experience handling drug crime cases, and is wholly dedicated to proving your innocence and protecting your future.
To learn more about how we can help, please visit our website.