If you have been arrested for Possession with Intent to Distribute in Clayton County, it is imperative that you hire an attorney quickly. Possession with Intent to Distribute cases often are won by filing a Motion to Suppress. These motions must be filed within 10 days of arraignment. If you do not properly file them, they are waived and you will potentially lose the ability to beat your case.
Once you are arrested for possession with intent to distribute in Clayton County, you will be brought over to see a Clayton County Magistrate Court judge within the first 24 hours. At this hearing, the Magistrate judge will read the charges to you and possibly set a bond.
The statute says It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possession with the intent to distribute any controlled substance. O.C.G.A. 16-13-30(b).
What does the Clayton County District Attorney have to prove?
The Clayton County prosecutor must prove that the Defendant intended to sell or distribute the drug that is in his possession. If you are simply in possession of the drug but not intending to sell or distribute it, then you cannot be convicted of Possession with Intent.
However, even if you possess only a small amount of a drug, you can still be charged with Possession with Intent to Distribute. To prove intent to sell, the State would have to show evidence of baggies, a scale, large amount of currency or other drug paraphernalia. The Clayton County District Attorney could also show it through a prior conviction for Possession with Intent to Distribute or expert testimony that the amount was consistent with someone selling it rather than just using for personal consumption.
If you are charged with Possession with Intent to Distribute in Clayton County, please call us at 404-581-0999 for a free consultation. We are located in downtown Atlanta.