Possession with Intent to Distribute in Dallas
Difference Between Possession vs Intent to Distribute
You can be charged with simple drug possession not only by having drugs on your person or in your home or car, but you can be charged if drugs are found to be within your control; that is, they are found nearby which can be readily accessed by you. The prosecution needs to prove that you knew or should have reasonably known of the drug's whereabouts to convict you of possession, which is a broad standard for the prosecution to use.
Having an intent to distribute drugs means the prosecution needs to prove you were planning on transporting or selling the substance. Since it is impossible to get inside the head of the accused, police try to push intent charges when there is a large amount of drugs found, too large for a single person's use. Other indications include the presence of drug paraphernalia, materials for packaging drugs, and large amounts of cash.
Intent to Distribute Requires Presence of the Drugs
Thus, those found to be in possession of a small amount of illegal substances will probably not be charged with intent to distribute since the drugs are likely for personal use. On the other hand, if the elements of an intent to distribute drugs are found without the drugs themselves, a possession with intent charge cannot follow; although, you can be charged for possessing drug paraphernalia or for conspiracy.
Penalties for Intent to Distribute
You could face state and federal consequences for a possession with intent conviction.
Penalties can vary widely depending on the following:
- Amount of drugs
- Past convictions
- Possession of paraphernalia
- How the drugs were concealed or stored
- Drugs found with large amounts of money
When you are charged with any type of drug offense, your future is on the line. Speak with Mathur Law Offices, P.C. who can advise you on how to proceed with your defense.