Unlawful possession of a controlled substance with intent to deliver is a serious felony charge. Many delivery charges are not eligible for probation and carry mandatory and sometimes lengthy prison sentences. Such sentences can be extended based on prior criminal history of the location or circumstances of the charge. For example, delivery of a controlled substance at a park or school is considered far more serious than other places. Delivery while possessing a weapon might also greatly increase the potential penalty a person faces.

Often Harter & Schottland will seek to eliminate evidence obtained in delivery cases by challenging the way it was discovered, just as in possession cases, using search and seizure principles and the Exclusionary Rule. That rule states that a person cannot be prosecuted with unlawfully obtained evidence. Other times, Harter & Schottland attorneys challenge the government’s circumstantial evidence. For example, a possessing a large amount of a substance may not be evidence of intent to deliver. Sometimes people purchase drugs in larger amounts to accommodate a larger habit or so that they don’t have to buy as frequently. Possessing a scale does not automatically prove that the person is dealing drugs. Just as often, users own scales to confirm the weight of a substance he or she purchased.