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WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR POSSESSION WITH INTENT TO SUPPLY?

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.

Do I need a solicitor for possession with intent to supply?

 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.

What are possible defences for possession with intent to supply?

 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:

  • You were holding the drugs for personal use only.
  • The substance belonged to someone else and you had no knowledge of its existence.
  • Any paraphernalia found was for personal use, not distribution.
  • The quantity found was consistent with personal use and not supply.

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.

Will I get bail for possession with intent to supply?

 When considering bail for possession with intent to supply, the magistrates or judge will assess several key factors, such as:

  • The nature and seriousness of the offence: Possession with intent to supply is regarded as a serious offence, given the potential harm it can cause to the community. This seriousness may weigh against the granting of bail.
  • Previous convictions: If you have a history of similar offences or other criminal behaviour, this may negatively impact your chances of being granted bail. A pattern of previous offending suggests an increased risk of reoffending while on bail.
  • Risk of absconding: The court will consider whether you are likely to attend future hearings if released. This involves looking at your connections to the community, such as family ties and employment, which might indicate you are less likely to abscond.
  • Risk of reoffending: Courts assess whether you’re likely to commit further offences if released on bail. If evidence suggests a high likelihood of reoffending, bail may be denied.

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.

Will I have to go to court if I’m arrested or charged for possession with intent to supply?

 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:

  • Initial stages: After being charged, you will likely receive a court summons. The case initially appears in the Magistrates’ Court, where a plea is entered. If you plead guilty, the Magistrates may sentence you, unless they consider their powers insufficient, in which case the matter could be sent to the Crown Court for sentencing. If you plead not guilty, the decision will be made as to whether the case remains in the Magistrates’ Court or is escalated to the Crown Court. This decision depends on factors like the complexity and seriousness of the case.
  • Plea and trial preparations: If the case is sent to the Crown Court, it may take longer to resolve. You will be required to attend court hearings and a trial if you plead not guilty and wish to contest the charges. During the trial, the prosecution must prove beyond a reasonable doubt that you intended to supply the controlled substances in your possession.
  • Crown Court trial: If your case is escalated to the Crown Court, it will be heard before a judge and, in most cases, a jury. The prosecution will present evidence to prove that you not only possessed the controlled substances but also intended to supply them. This could include evidence such as the quantity of drugs, how they were packaged, the presence of scales or other paraphernalia, large amounts of cash, or messages on your phone suggesting drug-related activity. Your legal team will have the opportunity to challenge this evidence and present arguments or evidence in your favour.

Will I go to jail if found guilty of possession with intent to supply?

 Several factors influence whether a person found guilty of possession with intent to supply might face imprisonment:

  • Quantity and type of substance: Larger quantities of controlled drugs or more harmful substances like cocaine and heroin are likely to result in more severe penalties. Lesser drugs such as cannabis might attract lesser sentences, although context and quantity remain crucial.
  • Role in offending: The judicial system evaluates your role in the offence. Were you acting as a courier, or did you have management control? Those perceived to be at the top of the supply chain often face stiffer sentences than those with peripheral involvement.
  • Previous convictions: If you have previous drug-related offences, this can increase the severity of the sentencing. A clean record might reduce the likelihood of immediate custody.
  • Evidence of exploitation or coercion: In some cases, defendants may have been coerced or exploited to participate in drug supply activities. Demonstrating this may lead to a more lenient sentence.
  • Personal circumstances: The court will also take into account your personal circumstances when determining the sentence. Factors such as your age, mental health, family responsibilities, employment status, and any evidence of rehabilitation efforts can influence the outcome.

 Will I go to jail if it’s my first offence of possession with intent to supply?

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.

Can I get Legal Aid for possession with intent to supply?

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.

  • The means test evaluates your financial situation. It considers your income, savings, and any assets you own. If your financial resources fall below a certain threshold, you may qualify for assistance.
  • The merits test, on the other hand, determines the strength of your case and the likelihood of success or the seriousness of the matter. This test assesses whether it is in the interests of justice for you to receive Legal Aid.

Where to get more help

 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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