Possession with Intent
There are two big questions that need to be answered in a possession with intent charge. Can police and prosecutors prove possession? Can they prove intent? Our law firm will also investigate whether police followed proper procedures in obtaining the evidence against you.
In our 70-plus years of combined experience, the attorneys at the Perry Shore Weisenberger & Zemlock law firm in Harrisburg, Pennsylvania, have handled many drug cases. Based on our decades of experience, we know the mindset of the prosecution. As experienced criminal defense lawyers, we know how to investigate a case and defend our clients’ rights.
Can they prove possession? There are several different types of possession, some easier to prove than others. Actual possession means the drugs were on your person. Constructive possession could mean that the drugs were in your car, for example, and you had control of the car and did know or should have known that the drugs were present. Joint possession is when more than one person had control of the drugs.
Can they prove intent? Was the arrested person planning to use the drugs, deliver the drugs, sell the drugs? Packaging and quantity might lead to certain conclusions about distribution. Where were the drugs seized? Extra penalties are added on for drugs found within 1,000 feet of a school zone, playground or daycare center.
Were police actions legal? We have an investigator available and will do our own investigation into the charges — and into the police investigation. Did they have the proper warrants? Was the search and seizure constitutional?
Our criminal defense attorneys have handled drug cases involving all kinds of illegal substances, including marijuana, cocaine, heroin, illegally obtain prescription drugs, and methamphetamines. From the moment you ask for our help, we will begin to protect your rights, challenge the evidence and prepare a defense. Possession with intent to deliver or sell is a serious charge — but the prosecution has the burden of proof.