Possession with intent to supply drugs is a very serious allegation attracting very long sentences of imprisonment. The only thing you can do to protect yourself is to seek expert advice from solicitors dealing with drug offences on a daily basis.
The law courts can be a frightening place. Being accused of possessing drugs with an intent to supply, could mean you facing a serious prison sentence.
You may have been caught by surveillance cameras, undercover police officers, stopped and searched or another means. This is a situation where it’s in your favour to seek the advice of a good legal team immediately.
Feeling anxious about what might happen to you at this point is natural. To provide you with the emotional and practical support that you need at a time like this, we’ve provided some answers to typical questions.
Have you been arrested or charged for Possession with Intent to Supply?
If you or somebody close to you has been arrested or charged in connection with a possession with intent to supply case, you could be feeling frightened, stressed and worried about what the outcome of an investigation might be.
In some cases, you may have been invited to the police station to discuss your involvement, or you may have been charged with this offence when you should have been charged with possession only.
In this article, we aim to answer some of your questions and provide you with the support and guidance that you need.
If you have any questions that you cannot find an answer below, feel free to contact us for further guidance. We are always happy to speak with you about what to expect and which steps you should take.
What type of actions are considered Possession with Intent to Supply?
Here are some examples of what may constitute a possession with Intent to supply investigation that may have led to the situation at hand.
Possession of a quantity inconsistent with personal use – this refers to situations where people have a large quantity of drugs in their possession.
Possession of uncut drugs or drugs in an unusually pure state – drugs of this nature suggest that the person who has them in their possession has proximity to an importer or manufacturer.
Possession of a variety of drugs – a variety of drugs suggests that they are for sale rather than be consumed.
Evidence that the drug has been prepared for sale – drugs that have been divided into small portions, wrapped in film, foil or bagged.
Drug-related equipment – paraphernalia such as scissors, other cutting agents, bags and scales in the possession or control of the suspect all suggest that selling is taking place.
Diaries or other documents that confirm drug dealing – ‘shopping lists’ or lists of quantities and descriptions of drugs desired by customers with telephone numbers.
Whatever the situation, it’s important that you don’t attend a police interview without being accompanied by a competent solicitor. The police may invite you for a ‘chat’ or even tell you they need to know your side of the story. However, any meeting or telephone conversation that you have with the police could be used as evidence and proof of your involvement.
Under no circumstances should you attend the police station without a qualified and skilled legal representative. Doing so could put you at risk of being incriminated.
What happens in a Possession with Intent to Supply investigation?
When a possession with Intent to supply investigation takes place, it can understandably make suspects feel worried and anxious. Anybody in this position will be feeling concerned about receiving a lengthy prison sentence. You may worry that you won’t be able to cover your bills or have enough food for your family to eat. Everything feels very uncertain and unsettled.
The police will want you to visit the police station to interview you about your involvement. It’s likely that you’ll receive an invitation to visit the police station if you haven’t already been arrested or charged.
You may have been falsely accused of possession with intent to supply
Please also note that in many cases, people are wrongly accused of possession with intent to supply. You may have just enough for your own consumption but are being accused of being involved in distributing drugs. If you feel this is you, there is a chance that your case for possession with intent to supply could be dropped for a possession case.
Without a lawyer, you cannot find out more until the interview
You’re very unlikely to be told why you’re being investigated or any other details about your case until you are at the meeting and in a situation where you can be questioned.
What many people find challenging is when law enforcement officers are given permission to investigate every area of your life. This will include access to your phone, social media accounts and email. The purpose of the search is to obtain evidence to prove that you committed a crime. This evidence will be used against you in court.
Instruct a legal professional as soon as possible
Successful results in such cases require very early intervention and sometimes strategic negotiations with the prosecution to reduce the charge from possession with intent to supply, to simple possession for personal use. It is vital that you engage a criminal solicitor very early in the case. You will receive guidance on what is better for you when the police are interviewing you, you will be informed of the entire court process and you will always feel somebody watching over you.
Can the police search my home?
The police may request a search warrant so that they can look for evidence in your home. As law enforcement officers, they will be seeking proof to secure a conviction.
The police can also search other premises you are known to stay at and premises they suspect are being used in connection with the offences suspected.
Could you go to jail for Possession with Intent to Supply?
If your possession with intent to supply case reaches the court and you are convicted, you will typically be punished with a prison sentence.
We defend drug offences regularly and have deep knowledge and experience in this field. We can help you by recommending the best course of action to take to mitigate the outcome. No matter what the nature or size of your case, get in touch.
What type of sentence could you get for Possession with Intent to Supply?
Depending on the particulars of your specific case, you may be given a lengthy prison sentence for possession with intent to supply.
The maximum prison sentence for this crime is 14 years. If you have already served prison time for this offence, the minimum amount you receive will be 7 years.
The drugs sentencing guidelines are very clear and detailed about the issues which will be taken into account in calculating the appropriate sentence in your case.
What mitigating factors may be considered in sentencing?
When sentencing for possession with intent to supply, your case will be looked at carefully. The quantity and class of drugs that you had in your possession for distribution will be examined to decide upon your sentence.
Your previous criminal record, your age, your health, your responsibilities, good deeds and general standing in society will all form part of important mitigation which must be presented to the court.
Does a conviction for Possession with Intent to Supply go on your criminal record?
If your possession with intent to supply case is heard in court and you are convicted of the crime, your conviction will be recorded on your CRB / police record.
The period of the endorsement will depend on the nature and length of the sentence imposed on you.
In addition, you will most likely face confiscation proceedings and the prosecution will seek to strip you from your assets or demand a further and additional term of imprisonment for not paying the money.
How Can Stuart Miller Solicitors Help?
Our criminal solicitors have substantial experience defending individuals being investigated or prosecuted for possession with Intent to supply drugs charges. With an aggressive attitude to criminal defence, we are committed to being proactive in fighting your case, rather than reactive.
We have successfully challenged the admissibility of crucial prosecution evidence and moved to make applications to dismiss possession with intent to supply drugs charges altogether. We are fluent with contesting evidence obtained secretly using covert surveillance and we have very good relationships with mobile phone / cell-site analysts who can give evidence in your favour.
Misuse of Drugs Act 1971
Possession with intent to supply charges are brought under the Misuse of Drugs Act 1971. Controlled drugs are drugs listed in Schedule 2 of the 1971 Act. They are given classification A, B, C.
Class A drugs include heroin, cocaine, LSD, morphine, opium, ecstasy (MDMA).
Class B drugs include amphetamines, codeine, methedrine, cannabis and cannabis resin.
Class C include drugs such as lucofen, villescon etc.
The law says that possession carries its normal dictionary meaning; however, ‘supply’ means that you passed the controlled drug to another person. It doesn’t matter whether the ‘supply’ was for profit or just a friendly gesture. The minute you passed it to another person denotes ‘supply’.
The prosecution’s case
In order to prove these charges against you, the prosecution don’t need direct evidence showing you passed a controlled drug to someone else. The prosecution’s burden of proving the case is to show that you had the intention to do so.
Typically, the prosecution will build its case on circumstantial evidence to show your intention. Circumstantial evidence might include the amount of the controlled drug found on your possession, being in possession of scales, unexplained large quantity of cash, cling film, incriminating text and WhatsApp messages and any previous convictions that you may have for similar offences. The prosecution will argue that the culmination of all these factors proves, beyond reasonable doubt, that you are guilty of the charge, possession with intent to supply drugs of whichever class is alleged.
In addition, where there is evidence of significant profit from the supply of drugs, the prosecution may apply to the court for a restraint order with the effect of freezing your assets. Our criminal solicitors have vast experience of defending drugs offences. Where a restraint order is made prior to the criminal charge, we can negotiate the best deal for you, including adequate amounts for daily living expenses and legal costs. Where negotiation is unsuccessful, we have the expertise to approach the courts to obtain the most equitable result for our client.
What will happen when I instruct a drugs offences solicitor?
It’s vital to take early action when you discover that you’re going to be part of a drug offence investigation. By doing so, you can put yourself in the best possible position with regards to achieving a positive outcome.
You will feel a lot more at ease about the situation as you’ll know that we are handling it for you. We have a specialist team who are very up to date on benefits rules and regulations.
Would you like to discuss your case before instructing us?
If you’d like to have a no obligation chat with us before you instruct us to take your case, then call us today.
In addition to giving you a free consultation, we can also represent you at the police station if you’ve been arrested. We can look at securing your legal aid.
Please contact us for a face to face meeting or a telephone call. There is a WhatsApp link on this page if that is your preference.
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