Criminal charges related to drug distribution in Idaho are typically formally referred to as “Possession with Intent to Deliver” or “Delivery of Controlled Substances.” This is a formal way of saying that someone dealt or was dealing drugs. Delivery of drugs or controlled substances is usually more serious than simple drug possession charges. To be found guilty of Delivery of a Controlled Substance or Possession with Intent to Deliver means that you were in possession of the controlled substance intending to transfer or in attempt to transfer the drug or controlled substance. A drug distribution defense lawyer in Boise ID can help mitigate the charges you are facing.
The type of drug being delivered will determine the penalties for each case. Maximum penalties for Possession with Intent to Deliver, or Delivery of Controlled Substances range from 3 years to life. The Boise drug crime lawyers at Hooper Law Office will be there defending you.
Table of Contents
What Are Common Causes of Delivery or Possession with Intent to Deliver Cases?
Many delivery cases are initiated by:
Police use confidential informants for some cases as one of their tools, while there are times when people go to the police to report illegal activities. There are some people who “snitch” looking for favorable treatment from the State. They can end up testifying in the court for the State so they can satisfy a plea agreement with the prosecutor’s office.
They work by executing drug purchases so they will be able to show that the defendant was responsible for the delivery or manufacture of drugs. They usually target drug dealing operations.
The federal government or police can do a stake-out to keep you under surveillance so they can find evidence that will allow them to pursue criminal charges.
No matter the reason for getting arrested for delivery, keep in mind that you have rights, and the government carries the burden of proof, and you are going to have Hooper Law Office there to help you. We have succeeded in defending cases related to drug dealing, and we can do the same for you. If you are facing a drug delivery case, then you can talk to our experienced attorney in delivery cases.
Delivery of Controlled Substance When There Were Children Present in Idaho
It is unlawful for someone to deliver or manufacture, or possess with the intention of manufacturing or delivering, a controlled substance defined by Schedules I, II, III, AND IV, in a premise that has a child under 18 years.
The Meaning of Premise
This can mean;
- A motor vehicle or vessel
- A place of dwelling or rental unit that includes but not limited to a townhouse, apartment, mobile home, condominium, motel room, manufactured home, or hotel room
- A dwelling house, its curtilage, and outbuildings
If a person violates the provision, they can be found guilty of a felony, and if convicted, they can serve a prison term of not more than five years, a fine of not more than five thousand dollars, or both.
What Are Penalties For A Conviction for Delivery Charges or Possession with Intent to Deliver in Idaho?
If a person is found to have violated provisions on manufacturing or delivery or possession with the intent of manufacturing or delivering, amphetamine or methamphetamine in quantities they are guilty of a felony, and if convicted, they can serve a sentence of up to life and a fine of not more than twenty-five thousand dollars, or both.
Contributing Factors to Delivery or Manufacturing Penalties
- The type of drugs
- Whether the case was filed in the federal or state court
- Whether the drugs were given or sold to minors
- Whether there are prior criminal convictions like drug crime
One of the most important pieces of advice we give to those facing drug distribution charges is exercising their constitutional rights. Every person has the right to remain silent. You have the right to have an attorney. You have the right to protection from unlawful searches of your property or of your person.
Asserting these rights is important because it gives you a better chance to avoid conviction or even getting charged. It is a good idea to involve a drug delivery attorney from Hooper Law Office from the start. You will have someone by your side making sure that your rights have not been denied or violated.
What is the Difference Between Delivery of a Controlled Substance and Drug Trafficking in Idaho?
Delivery or Manufacturing of drugs or controlled substances and Drug Trafficking is often confused in Idaho. To be found guilty of Deliver of Controlled Substance or Possession with Intent to Deliver, the police need to actually prove that the individual who was charged or arrested intended to actually transfer the drug. Although, the transfer of drugs or controlled substances is common just about any time drugs are used, this can be a more difficult crime to prove because law enforcement have to prove that the transfer was made, which they often do not have direct evidence of, or they have to prove that the person possessing the drug actually intended to deal it or transfer it.
Trafficking, however, does not require the prosecutor to prove that the transfer was intended or made. Instead, trafficking laws focus on how much of a drug a person possessed. If a person possessed a certain quantity, for example, they possessed 1 ounce of methamphetamines, they could be found guilty of Drug Trafficking.
Drug Trafficking charges also has a more significant lasting impact as they bring with them mandatory minimum sentences. Which means if you are found guilty for a specific Drug Trafficking crime, you will go to prison for a certain number of years. Although Drug Distribution, Delivery, or Dealing can possibly lead to life in prison, it does not have mandatory minimum sentences like Drug Trafficking which means you could still be given probation if you are found guilty or convicted fo Possession with Intent to Deliver.
Contact a Drug Distribution Defense Lawyer in Boise ID
If you or a loved one is facing a drug distribution charge, it is a good idea to have someone experienced helping with the case. Even if the quantity you have been caught with is not much, you can end up spending years in prison. The penalties will be even greater if it is not your first offense.
When you let us handle your case, you don’t have to be stressed. We have a good understanding of the process. We have a lot of experience dealing with prosecutors, including negotiations. We will do our best to get the charge reduced or even dismissed. This is not something you can do yourself.
When charged with drug distribution, there is a risk of serious jail time. You should never take this lightly. Hiring an experienced criminal defense lawyer in Boise will be worth your time and money.
Give us a call at Hooper Law Office an appointment will be scheduled. We will start by reviewing the case before reaching out to the prosecutor. we are also going to find out the evidence they have against you.