How would the fed. gov. prove that the drugs I were charges with were not for sale but for personal use?

Asked over 1 year ago - Trenton, NJ

In my discovery papers it states that I received a large amount of Rx pills . I am a victim of addiction and they were for my own personal use . How would one prove that the Rx I acquired were for personal use weather illegally or legally through a licensed Dr .

Attorney answers (6)

  1. Scott C. Buerkle

    Pro

    Contributor Level 13

    12

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    Answered . The government uses a number of ways to prove whether someone has the requisite intent to distribute drugs when a defendant is found possessing the CDS. Primarily, they would use the facts and circumstances surrounding the possession. Including how much money a person held, the quantity of drugs, the way the drugs were packaged, the presence of other drug paraphernalia and what exactly the defendant was observed doing. The government usually presents expert testimony from a drug distribution "expert" who will analyze these surrounding circumstances and testify as to his professional opinion on whether the defendant was possessing the drugs for personal use or for sale. Therefore it depends upon the surrounding circumstances of your arrest whether they have a strong case you were distributing drugs or just possessing for personal use. Call for more information.

  2. Mark M Cheser

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    Contributor Level 20

    7

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    Answered . .The government has "expert witnesses", usually agents who have worked narcotics for a long time, who will opine that the number of pills, packaging, or manner of possession was, in their opinion, consistent with intent to distribute rather than personal use. You can rebut this contention. If the main fact if the number then it depends on the number.

  3. Barbara Jane Rynne

    Pro

    Contributor Level 7

    7

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    Answered . Unfortunately, with a large quantity of pills, you are probably looking at possession with intent, depending on the packaging. However, the State would need an expert witness to establish that. Their expert can be questioned at trial as to what affect, if any, your drug addiction would have on his opinion. In order to effectively do that, your attorney is going to need to know very specific facts about your addiction in terms of the amount you were using on a daily basis, how often you were using, where you kept your drugs, etc.. IF you have strong evidence showing a severe addiction, you may be able to use that in plea negotiations with the prosecutor as well.

    Good luck!

  4. Jeremy Brian Gordon

    Pro

    Contributor Level 10

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    Answered . I agree completely with both of my esteemed colleagues.

  5. Richard Stephen Jaffe

    Contributor Level 12

    4

    Lawyers agree

    Answered . You should obtain a defense lawyer ASAP. That issue is normally a jury question. good luck.

    Any response given is not to be taken as legal advice or to create an attorney client relationship.
  6. Joshua Sabert Lowther

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Whether you possessed a controlled substance for personal use or with the intent to distribute it is a factual issue that the Government must prove by arguing the specific facts of the case. There are many relevant factors, such as the type and quantity of the drug, and whether the Government has any evidence that you distributed any quantities to other persons, particularly for money or other items of value. Again, the specific facts of the case must be analyzed (it is much more plausible that you possessed 100 pills for personal use that 750,000).

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

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