Distribution of a Schedule I/II Controlled Substance
Being charged with Distribution of a Controlled Substance is a serious matter. You can go to prison for decades. You might be surprised to know that just being in possession of a large amount of drugs, cash, scales, and packaging supplies can be enough evidence to convict you of distribution. In other words, the police do not need to prove that you sold drugs. They just have to prove that you possessed drugs with the intent to sell them. It's important to prepare a vigorous defense so that you're not surprised by the evidence used against you.
Can I find out the identity of the confidential informant?
Many distribution cases involve confidential informants. You have a right to know the identity of the confidential information before trial. You have a right to obtain the terms of the contract between the confidential informant and the police. You can use that to your advantage to impeach the confidential informant's credibility.
What defenses are available if I'm charged with Distribution?
One potential defense to distribution charges is entrapment. Entrapment is where the police persuade an innocent person to commit a crime. Click here for more information on entrapment in Virginia.
If you distribute drugs to someone else, but you do not receive any profit from doing so, you might be able to assert the accommodation defense.
What's the punishment for distribution?
Generally, distribution is punishable by up to 40 years in prison. If you plead guilty, you can generally expect to spend some amount of time in prison. On a first offense distribution, if you have almost no other criminal record, the mid point of your guidelines will often come back to 1 year. If you have a significant criminal history, however, you are looking at much more prison time.