When a criminal defense lawyer analyzes a possession cocaine with intent to sell, purchase, manufacture, or deliver case, he/she begins with the basic legal elements of such a charge. To prove the crime of possession with intent, the prosecution must prove three fundamental elements. Before the prosecution can pursue a possession with intent case, they must have a good faith belief that there is sufficient evidence to prove the elements beyond a reasonable doubt at trial.
In the absence of such a good faith belief, prosecutors would be ethically barred from proceeding on such cases. Unfortunately, many prosecutors ignore this obligation or are too inexperienced to understand why their case is lacking.
Regardless, to prove the crime of possession of cocaine with intent, the prosecution must prove the following three elements beyond a reasonable doubt:
Element #1: What did the defendant do?
The very first thing the prosecution must prove concerns the defendant’s actions. Thus, the prosecution must establish that the defendant either:
(a): Sold cocaine, purchased cocaine, manufactured cocaine, or delivered cocaine,
and/or
(b): Possessed cocaine with intent to sell, with intent to purchase, with intent to manufacture, or with intent to deliver.
Element #2: Was the substance cocaine?
Nothing is ever assumed in a court of law. Just because a substance is white and powdery, does not mean it was cocaine. In fact, many drug deals go down for the sole purpose of ripping off an inexperienced buyer who can’t tell this difference between cocaine and baking soda. Thus, the prosecution must prove:
(a): That the substance which was allegedly sold, purchased, manufactured, or delivered was in fact cocaine.
and/or
(b): The substance which was allegedly possessed with intent to sell, with intent to purchase, with intent to manufacture, or with intent to deliver was in fact cocaine.
Element #3: Was the defendant aware of the presence of the cocaine?
Not only must the prosecution prove that the defendant possessed cocaine with intent to sell, purchase, manufacture, or deliver, but it must also prove the defendant did so with knowledge. Thus, the prosecution must also prove the following element:
(a): That the defendant had knowledge of the presence of the cocaine.
It is extremely important to emphasize that the prosecution must present evidence of each one of these elements before a jury may deliberate on the case. Failure to do so will result in the case being thrown out by the judge. However, it is equally important to realize that this evidence need not be strong. In fact, circumstantial evidence and uncorroborated testimonial evidence would suffice.
Regardless, an experienced criminal defense lawyer will use the prosecutor’s burden of proof to attack the case. By analyzing all the case facts and comparing it to the legal requirements that the prosecutor must meet in court, a criminal defense lawyer is able to flush out any defenses that may be present in any one case. Such defenses may be used to obtain a not guilty verdict at trial, to convince prosecutors to reduce a charge, to get evidence suppressed, or even get an entire case dismissed. The outcome of any one case will depend strictly on its specific facts and the controlling law that is applicable.