When facing felony drug charges for drug possession with intent to distribute or sell, the risk of a sentence that includes prison is a very serious concern, and I know you are very worried about what could happen to you.
Especially in cases where they charge you with “intent to sell” just because you happened to have a few baggies of drugs, regardless of what your intention was, or whether it was for personal use.
Serious drug crimes vary from state to state. Most often they are related to either making a controlled substance or distributing it in some way. This doesn’t mean you actually have to sell drugs to face charges like this—you can face them for even looking like you might try to sell drugs.
Possession with intent is a drug charge that is on the books in nearly every state. It’s a vague charge that often gets applied in cases where it’s nowhere near appropriate. If the police and prosecutor believe they can prove beyond a reasonable doubt that you were in possession of drug and you intended to sell them, you could be looking at a lengthy prison term.
How Do They Determine Your Intent in a Drug Possession Charge?
When it comes to this criminal charge, the amount of a controlled substance in your possession isn’t the only thing that can be used to build a case against you. Even a smaller amount of drugs can lead to this serious charge if other evidence is available.
Most state laws don’t have specific quantities of a drug that qualifies for a possession with intent charge.
Evidence that can be used to show your intent include a scale, baggies used to package the substance, and large amounts of cash. Sometimes this charge is applied when there is evidence you sold drugs but not enough to get a conviction on a distribution charge.
Evidence in Felony Drug Cases
When it comes to serious drug charges the crux of your case is the evidence. Whether the evidence is scales and baggies or a controlled substance, this is what the prosecution will largely build their case against you on.
When discussing your case with a defense attorney, the evidence against you will be at the center of your discussion. How was it seized? Where was it found? Was there a warrant?
If it is suspected that the evidence was illegally seized, your attorney can challenge the admissibility of it in court. In other words, if the police didn’t follow proper procedure protecting your rights when they seized the evidence the evidence could be “thrown out” and your case could be dismissed as well.
Most serious drug crimes like these are felonies, resulting in lengthy prison sentences and a permanent criminal record.
If this is your first ever run in with the law and the charges against you aren’t too serious, there’s a small chance you could qualify for a diversion or a second chance. Most states have lenient sentences for first time offenders accused of drug crimes.
In order to understand exactly what you are up against and the potential of getting those charges reduced or dropped, you need to discuss your case with a local defense lawyer.
