Drug distribution—more commonly referred to as “drug possession with intent to distribute—is a serious offense. Because it involves the potential for commercial narcotics transactions, the penalties can be severe. It is vital to have the support of a seasoned drug attorney in these cases.
When dealing with these charges, now is the time to act. An aggressive strategy could help you avoid a conviction and the punishment that comes with it. A Manhattan drug distribution lawyer could help you evaluate your options before charting a path forward.
Drug distribution is outlined in Kansas Statute § 21-5705. It is important to note that this criminal offense applies not only to the act of distributing a controlled substance but also to possession with the intent to commit this offense.
In other words, a defendant can be convicted under the statute without ever sharing any drugs with another person. The state generally provides evidence that the accused has far more of a substance than is needed for personal use to prove the person’s intent to distribute.
The specific amount of a drug needed to qualify for distribution will depend on the substance. For example, only a handful of grams might be enough for drugs like cocaine, but the volume of marijuana could be much higher.
This offense is always treated as a felony, meaning a conviction could send a person to prison for years. An attorney in Manhattan could create a solid defense strategy to secure a favorable outcome in a drug distribution case.
Different defense strategies might be available depending on the circumstances. One of the benefits of hiring a lawyer in Manhattan who is knowledgeable in drug distribution legalities is that they can establish the best approach for an individual defendant. Some potential options include the following:
A critical part of a distribution case is criminal intent. The state must show that the accused either intentionally sold or transferred a controlled substance or that they possessed a large amount of the drug. It could be possible to prevail by showing a lack of intent to commit a crime.
A common defense strategy in distribution cases involves allegations of police misconduct. Law enforcement officers are limited in searching or seizing a person’s property. When they violate the law during an illegal search, any evidence they obtain might be excluded at trial. There are also laws related to the police and their ability to question a suspect. The violation of these rights could lead to a confession being thrown out at trial.
While this strategy might not be common, it can be effective under the right circumstances. A person is only guilty of a crime if they commit it willfully. If a person is forced to take part in the distribution of narcotics through duress, that could serve as a viable defense. This can be challenging to prove, especially without the help of an attorney.
When you are arrested and charged with a crime, you must seek legal counsel immediately. Your attorney could investigate your case and help you build a winning defense. Reach out to a Manhattan drug distribution lawyer today for a private consultation. Call us today to schedule an initial consultation so we can review your case.
