Learning about the Distinction: Intent and Delivery of Controlled SubstancesAll of "drug" cases are not identical, and neither are the penalties that can befall one when accused of delivery of controlled substances. Misdemeanor drug cases, while serious, are less serious than felony drug cases. Drug delivery-- that is simply an exchange of a controlled substance, like marijuana, cocaine, or heroin, from someone to another-- is graded as a felony associated with drug offenses accompanied by "drug dealing."Read more: Drug DistributionThis is different from "intent to deliver," which means that the alleged individual had an amount of the controlled substance that these individuals intended to sell and distribute to others. "Delivery of illegal drugs" occurs during the sale. It does not matter what amount of money, or what form of currency is involved. As long as an exchange has been made, you can possibly be arrested for delivery of illegal drugs and the severity of the penalties for this kind of felony will rely on the kind of drug, the weight or amount of the drug and the person's prior criminal convictions.
Spinning Possession Into Delivery of Controlled SubstancesIn case no sale of drugs has taken place, the district attorney may use a variety of forms of evidence to establish the intent to transfer a controlled substance arising from a possession charge. The district attorney also could prove an intent to deliver charge even if no money was exchanged and the drugs were never actually delivered. Whereas these charges are often based on the quantity of the drug in one's possession, the drug offense might also be established rested on drug paraphernalia suggesting an intent to sell the drugs, including postal scales, possession of common cutting agents and baggies or balloons.See more: Omaha Drug Crimes Defense Lawyer | 402-807-2900 | Case Law?Because these types of ordinary household items do not establish criminal behavior taken in isolation, they are often offered as evidence alongside the quality of narcotic in a person's possession. Basically, the possession part of the charge is based on the production of factual evidence while the intent to deliver a portion of the charge is most typically proven rested on indirect evidence, just like the way the drugs are packaged or recovery of considerable amounts of cash.Delivery of Controlled Substances DefenseThe classification of a felony is often determined from level of grams of the drug that has the person's possession or were delivered. Such as, a possession with the intent to deliver methamphetamine or cocaine is a Class II felony that carries 1-50 years behind bars. However, relying on the quantity involved, those penalties can increase to 3-50 years, 5-50 years or 20-life. Possession with the intent to deliver cannabis is a Class III felony that carries 1-20 years in prison and up to a $10,000 fine.Learn more about: Nebraska Drug CrimesThe likelihood of prison time can possibly be high for these varieties of offenses. That is why calling an experienced firm, like Stockmann Law, is imperative. Without proper representation, your rights may be ignored and your trial outcome bleak.Call now at 402-807-2900 or visit http://www.nebraskainterstatedrugdefense.com/ for FREE Consultation.
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