Intent to distribute is the delivery of a controlled substance other than by administering. Or dispensing by someone who is not a pharmacist and is distributing drugs without a license. Initially, it is the law enforcement officer who determines the difference between possession and possession with intent. Then it is up to the prosecution to determine whether to charge it with intent. Or to leave it as a regular possession.
To prevent any of the serious potential penalties that come with this charge, it is crucial that any individual facing charges hires an experienced Midland possession with intent to distribute lawyer immediately. A skilled drug attorney in Midland can gather all necessary facts of someone’s case and help them in determining the best possible defense to mitigate any potential penalties they face.
Possession Charges
Possession with intent to distribute is charged when someone is in possession of a controlled substance other than what is lawfully authorized. A possession with intent to distribute lawyer in Midland can help their client to understand the specifics of their particular charge. Possession with intent is a going to be considered a felony. Possession with intent is generally either for cocaine or methamphetamine.
When there is a really large amount of drugs, usually then the federal authorities take over the case. A person can be charged with intent to possess or intent to distribute. It cannot be both. Charges can be escalated from simple possession to possession with intent. It just depends on the prosecutor, some of them charge the higher crime out of the gate because it gives them some extra wiggle room they have with their plea negotiations. They can always agree to come down. It is a lot easier to come down in charges than to go up as far as an indictment for it.
Intent to distribute charges bumps the drug possession charge up a level as a far as punishment goes. With more enhanced charges come more potential penalties.
Proving Intent
The prosecution must prove there is other evidence that shows the person did intend to deliver the controlled substance versus personal consumption. For example, scales, many individual baggies, or a weight amount that is much more than for personal consumption. These can become the other elements that show the person’s intent to distribute drugs. They do not have to actually distribute them, just have intent.
Alternative Possession Sentencing
Usually, prosecutors are not allowed to give diversion programs or alternative sentencing with intent to deliver charges. However, sometimes a Midland possession with intent to distribute attorney could try reducing the charge to a simple possession. It depends on the amount and the substances as far as the intent.
Working with an Attorney
These charges are usually considered serious felonies. So the person charged with this is looking at a lot of time incarcerated. So they want a skilled drug possession with intent to distribute attorney looking at their case as soon as possible. An attorney with experience in a variety of these cases can help someone to build a strong defense for the best possible outcome in their case.
For more information on this topic please reach out to our experts from the Texas Criminal Defense Group at (866) 557-4343 or through our contact page.