TheMatador
All-ACC
- Joined
- Jan 30, 2012
- Messages
- 13,849
Lot of lawyers in here-can any share some insight as to how “intent to distribute” is established?
I know nothing about this area of law (fortunately) but it sounds like possessing a certain amount just creates a rebuttable presumption (meaning the defendant can and does have to disprove it). So, maybe it switches the burden to the defendant.It's a joke. They just tack it on if you have over a certain amount or have a lot of cash with you. No chance collins actually wanted to distribute. He probably just wanted to buy 5 ounces so he doesn't need to run out and buy a couple onces every month.
If its under the "distribution threshold" they can still tag you with it if its all bagged up or if you have "a lot" of cash with you.
Lot of lawyers in here-can any share some insight as to how “intent to distribute” is established?
I remember his momma, we should have offered her his scholarship.
Go Canes
Lot of lawyers in here-can any share some insight as to how “intent to distribute” is established?
Could be a snitch, some texts, a wire, any number of things others already posted. But definitely the biggest factor that I'm aware of is volume and packaging. 5 individually wrapped ounces looks worse than one bag with 5 ounces. And obviously 5 pounds is tough to allege it's for personal consumption as opposed to 5 ounces, etc.Lot of lawyers in here-can any share some insight as to how “intent to distribute” is established?
He had 5 oz in the car, it was an additional 10 g found at his house when he bizarrely told them he had more weed there. Pretty sure 5 oz is sufficient quantity to be charged for distribution on that alone regardless of additional evidence. I could be wrong on that though.@NateDogg
In my experience, “intent” is a combination of a threshold amount of the substance plus one of the following: packaging (baggies), measuring (scale), large amount of cash, or proof of communication from a customer.
In this case, they are either leaving information out of the article or they are assuming his possession of a firearm was for his protection as a dealer. If that’s the case an average at best defense can beat that. I also think 10 grams is extremely low for an intent charge.
Weak charge. Should not stick