If you’re stopped by the police and you’re found to be in possession of narcotics or other illegal drugs, the police on the scene are going to begin an investigation and make a determination about the appropriate charge. First and foremost, you should not talk to the police if you’ve been stopped and found with narcotics on your possession. Anything you say, as they say, can and will be used against you by the police.
The evidence that the police will look at on the scene will be things like the quantity of drugs in your possession, the packaging of those drugs. Did the person have a large quantity of cash on them? Do you have one or more cell phones in your possession? Is there other evidence that could demonstrate drug dealing, like packaging materials that are empty or scales used to weigh drugs? It’s highly important how the police interpret that evidence because they will decide on a charge. Are you simply someone who’s in possession of drugs, which is usually a misdemeanor charge? Or are you someone possessing drugs because you were intending to sell them? That’s usually a felony charge.
What we would need to do in a situation like that is investigate the background of the situation. Was the stop valid by the police? If it was, does the evidence that was found necessarily demonstrate that you were, in fact, intending to sell drugs? Or is that same evidence consistent with somebody who’s simply a user of drugs. That’s highly important in trying to convince the prosecutor what charge is the most appropriate one, a felony or a misdemeanor. The difference can have major consequences for your future.