Manhattan Drug Possession With Intent to Distribute Lawyer
An arrest for drug possession with the intent to distribute is a serious offense in Kansas, and penalties can vary substantially, depending on the case specifics. A conviction could mean having a felony go on your permanent record. The court considers many factors before sentencing, including the type of drug, drug amount, and the defendant’s criminal record.
If you are under investigation or face a conviction for a drug offense, a dedicated drug attorney could inform you of your legal rights and begin preparing a solid defense strategy to obtain a favorable outcome.
Consult an experienced Manhattan drug possession with intent to distribute lawyer to review and discuss your case.
Penalties for Drug Convictions
Penalties for drug convictions can include steep fines, prison sentences, probation, and mandatory state-approved drug treatment programs. According to Kansas Statutes Annotated § 57-205, possession with intent to distribute is a level three felony offense, punishable by up to 23 months in prison and $300,000 in fines for a first-time conviction.
However, individuals with prior arrests and convictions or cases involving aggravating factors can result in harsher penalties. Anyone facing charges should take the case seriously and consider contacting a steadfast Manhattan drug possession with intent to sell attorney.
The Necessary Elements for Drug Possession with Intent to Sell Convictions
Kansas criminal statutes require the State to prove specific elements for a conviction, including the following:
- Prove possession by showing the person had custody and ownership over the substances
- Establish that the arrest involved controlled substances listed under state criminal laws
- Prove that there was an intent to distribute by providing evidence of material possessions that demonstrate intent, such as large amounts of drugs or cash, scales, or packaging materials
If the State’s case does not satisfy each requirement, the prosecutor cannot prove the defendant guilty.
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Potential Defense Strategies
A fearless attorney could evaluate various defense strategies and choose the most effective approach. Some potential defense strategies include:
- Denying possession or control over the drugs
- Proving a lack of intent to distribute the drugs
- Arguing the arrest involved entrapment by police coercion
- Challenging the legality of a search and seizure without a valid warrant
- Demonstrating a legitimate medical or personal reason for drug possession
- Highlighting constitutional rights violations during the arrest or interrogation
- Asserting insufficient evidence to prove the elements for conviction
- Disputing the validity or reliability of the evidence, such as issues with chain of custody or lab procedures
All criminal cases have unique circumstances based on the facts and details of the arrest. While these are examples of possible strategies, a controlled substance possession with intent to distribute lawyer in Manhattan could help tailor a plan according to the individual’s needs.