As speakers, we know that we’ll be called on to address a wide variety of different audiences. There will be situations in which we may find ourselves addressing an audience that is facing legal issues. As speakers, we need to understand that our audience is going to be upset about the situation that they now find themselves in. During our speech, we are going to want to be able to provide them with the information that they need to have at this point in time. In order to really connect with out audience, we will have to have done our homework before we take the stage. As an example of the type of research that we might be called on to do, let’s take a look at what we’d have to do if we were talking to an audience about dealing with a possession with intent charge.
You got arrested, handcuffed, and thrown behind bars. The police told you that you’re charged with possession with intent to deliver. You know you aren’t a drug dealer, but how in the world can you convince a judge?
You’re not alone, and your fate is not sealed. Keep reading to learn how to fight your charges and walk free.
Understand Your Charges: Possession With Intent to Deliver
If you’re facing drug-related charges, then cops likely found a substance on you. That controlled substance could be:
- Hydrocodone, OxyCotin, or other pills without a prescription
These drugs are all illegal. Possession with an intent to deliver means you had a significant amount. You may have also been carrying items like:
- Plastic bags
These items can get used as evidence against you, even if you didn’t intend to sell the substance.
Know Your Rights
Despite your current situation, you do have rights. It’s important to know and understand these rights. If the police violate them, then your entire case could get dropped.
Here are the most important rights you have after getting arrested on a drug charge:
- Right to remain silent
- Right to consult with an attorney
- Right to have an attorney present during questioning
- Right to be free of coercion or police brutality
- Right to be free of unlawful searches or seizures
If you think these rights got violated, then you have legal recourse. Don’t hesitate to seek legal counsel.
Research the Most Common Defense Strategies
Next, you need to research the defense strategies available to you. Here are some of the most common drug-related defense strategies:
- Unlawful search and seizure by the police
- Mistaken identity of the “controlled substance”
- The substance was not in your possession
Keep in mind that marijuana remains illegal on the federal level. Never try to defend yourself by saying the state’s laws have legalized the substance. It won’t work.
Why? The Supremacy Clause of the Constitution says federal law trumps state law.
Learn the Facts Surrounding Your Case
Once you’ve learned the basics, it’s time to develop a defense strategy that will work for you. You’ll need to consider the facts surrounding the officer’s case against you.
That means going through a process of discovery. You need to know what evidence the prosecutor has against you. Otherwise, it’ll be difficult to build a solid defense strategy.
At times, your best defense may be making a deal with the prosecution. You may need to admit guilt to a lesser crime in exchange for a reduced penalty.
Always seek out the advice of a lawyer before making a decision that will impact your freedom.
Innocent Until Proven Guilty
You’ve gotten charged with possession with intent to deliver. Despite your resources, you have basic rights. You are innocent until proven guilty.
Knowing your rights and the facts around your case will help you develop a defense strategy. If you need more help, then don’t hesitate to get legal representation right away.