
Possession with intent to supply is one of the more common drug offences in the UK, making up a significant portion of drug-related arrests each year. If you’ve found yourself facing such charges, remember that seeking advice from a criminal defence solicitor at the earliest opportunity can make a substantial difference in the outcome of your case. This article aims to demystify what can be an overwhelming process by answering common questions, exploring potential defences, discussing the likelihood of obtaining bail, and providing guidance on what steps you should take next.
While it is technically possible to represent yourself in a case of possession with intent to supply, having a solicitor’s expertise can be invaluable.
Firstly, a solicitor will understand how the legal system operates and can guide you through every step, from police interviews to court hearings. They can explain the charges against you, potential defences, and the likely outcomes based on your specific circumstances.
A solicitor can also scrutinise the evidence presented by the prosecution. Sometimes, what is perceived as a straightforward case by the police can have serious flaws, such as improper handling of evidence or breaches in procedure. An experienced solicitor can identify these issues, potentially leading to evidence being dismissed or charges being reduced.
In addition, a solicitor can negotiate with the prosecution on your behalf. They might secure a plea deal, resulting in lesser charges or a reduced sentence.
Finally, if your case proceeds to trial, a solicitor will represent you in court. They will prepare and present your defence, question witnesses, and argue your case to the jury.
One potential defence is to challenge the evidence. The prosecution must prove beyond a reasonable doubt that you had possession of the drugs. This might involve questioning the way evidence was collected or handled, or whether the substance in question actually belonged to you. If there is any doubt about the continuity of evidence or if your rights were violated during the search and seizure process, this could form the basis of a defence.
Another strategy is disputing the intent to supply. Even if possession is established, the prosecution must prove that you intended to supply the drugs to others. This can sometimes be inferred from the quantity of drugs found, how they are packaged, or even from text messages or paraphernalia suggesting an intent to distribute. However, there might be legitimate explanations. For example:
Mistaken identity can also be a defence, particularly if there were multiple people involved or present at the time of the arrest. It is possible that you were wrongly identified as part of a group or incident and can argue that you were not involved in the alleged crime.
Other defences may be available depending on the circumstances of your case. A solicitor is the best person to advise on this.
When considering bail for possession with intent to supply, the magistrates or judge will assess several key factors, such as:
Frustratingly, it is hard to predict in advance whether you will get bail or be released under investigation. A judge will be the one to decide whether you get bail, taking into account all the circumstances of your case.
Possession with intent to supply is classified as either-way offence, meaning it can be tried in either a Magistrates’ Court or a Crown Court. Generally, the process will proceed as follows:
Several factors influence whether a person found guilty of possession with intent to supply might face imprisonment:
Whether you will go to jail for a first offence of possession with intent to supply depends on several factors, many of which have been outlined earlier in this article.
Generally speaking, while a first offence may result in a more lenient sentence, possession with intent to supply is a serious charge, and imprisonment remains a strong possibility, especially for Class A drugs or larger-scale operations.
Whether you qualify for Legal Aid depends on several factors, which are primarily assessed under two main tests: the means test and the merits test.
Engaging a knowledgeable criminal defence solicitor will make a substantial difference in the outcome of your case, whether this is your first time being charged with possession with intent to supply or it is a repeat offence. If you have questions and need expert legal advice, don’t hesitate to get in touch with the friendly and experienced team at Stuart Miller Solicitors today.
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