Drug trafficking or distribution in Pennsylvania is referred to as “Possession with Intent to Deliver a Controlled Substance.” Possession with the Intent to Deliver narcotics is an extremely serious crime and punishable anywhere from five to twenty years in prison depending upon the type of drug, the amount and a Defendant’s prior record. Controlled substances include illegal drugs and narcotics such as cocaine, heroin, marijuana, prescription pills, Molly, PCP etc. If you are being investigated for such a crime or have been charged, it is imperative that you hire an experienced criminal defense attorney immediately.
How Does the Government prove Intent to Deliver Charges?
The Government proves that an accused possessed narcotics with the Intent to Deliver charges them to someone else typically by qualifying a narcotics detective as an expert on the trafficking of narcotics. What these “experts typically rely on in rendering an opinion is:
1) the amount of drugs possessed by the accused;
2) How the narcotics are packaged and whether or not they are packaged for sale. (Were the drugs found in one large bag or many small bags which would indicate they were packaged for sale)
3) The amount of cell phones possessed by the accused. (Drug traffickers typically have more than one cell phone which they can use to communicate with buyers. These phones are almost always disposable (throw away) phones.
4) Whether or not the accused has a way to inject the drugs (ie. Needles or pipes etc)
5) Whether the accused possesses unused small baggies. (Unused baggies are typically only possessed by someone interested in selling narcotics, not by a user).
6) Lastly, the amount of money possessed by the accused, the denominations of the money and whether or not the money is kept together or in separate units. (Smaller denominations of money kept separately is illustrative of someone intending or actively selling narcotics).
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