Constitutional Issues in Fairfax Possession With Intent Cases
Like in many other cases that can stem from a traffic stop, there are constitutional issues that may arise in Fairfax possession with intent to distribute charges. An experienced and knowledgeable Fairfax drug lawyer will be able to help you bring potential constitutional issues to light during your case. They will work with you to fight the prosecution’s charges and mitigate any damage that has been done to your criminal record or reputation.
Primary Constitutional Issues in Fairfax
The primary issues that come up in drug-distribution cases are around the Fourth and Fifth Amendments. The Fourth Amendment says that you have the right to be free from unreasonable searches and seizures. This is meant to Many times there is some kind of search involved in drug cases, and whether there is a warrant or not depends on the facts of each case. If there was no warrant then we look at whether or not there were exceptions to the warrant requirement that can applied in that specific case.
In addition there could be Fifth Amendment concerns. In many cases the police will get some kind of confession from the accused. If that confession is obtained pursuant to a custodial interrogation, then that person has the right to be advised of their rights to remain silent and have an attorney present under the Miranda v. Arizona case. Those are some serious issues that come up in distribution cases.
What Prosecution Must Prove in Fairfax Drug Cases
First and foremost, Fairfax prosecutors have to prove that it was the drug and they have to prove you possessed it, either through actual possession or constructive possession. If they are able to clear that hurdle then they have to prove that there was an actual intent to distribute. Each of these things are required to be proven beyond a reasonable doubt. If the prosecution cannot do so, it will result in a not-guilty finding.
In addition, with a competent and experienced Fairfax drug attorney by your side fighting against the prosecution’s arguments, you will not need to worry as much about how your case is being handled.
Elements That May be Hotly Contested
One of the most common elements in distribution cases is whether or not there is an actual intent to distribute. Just the weight alone does give a presumption of intent to distribute, but the presumption does not always carry the day. Understand that these presumptions are rebuttable presumptions, meaning the defense has the opportunity to present evidence to contradict the government’s allegations of intent. A presumption of intent based on weight of the drugs is a rebuttable presumption. An experienced drug lawyer in Fairfax can help you by bringing these issues up in court, which may work to have your case dismissed or having the consequences mitigated.
Drug possession with intent to distribute charges are serious: they can have a lasting impact on your record and can influence your opportunities in the future. Call and schedule a consultation today to start building your case.