Those accused of involvement with the organized acquisition, manufacturing or distribution of drugs are likely to face felony charges. However, people involved in seemingly minor drug offenses could also potentially face felony charges in certain circumstances.
For example, if state prosecutors allege that the defendant possessed drugs with the intent of distributing them to others, the charges brought are typically felony charges. People who expect to face simple possession allegations may end up shocked when the state pursues more serious possession with intent charges instead.
How do prosecutors justify charging an individual with the intent to distribute drugs to others?
Minor details may influence the charges
Police officers and prosecutors can infer the intent to distribute drugs from a variety of different situations. In some cases, an individual’s conduct on social media might imply that they sell drugs.
Either the content that they publicly share or the private communications they have with others could strengthen the state’s case. Clear connections to known drug users or those involved in drug distribution could also raise suspicions about an individual’s intent. A prior conviction for an offense related to drug trafficking or distribution could also help that state support more serious allegations.
Other times, the amount of drugs alone is adequate justification for possession with intent charges. If police officers find certain types of paraphernalia associated with packaging, weighing or consuming drugs, that might also influence the charges pursued.
Those hoping to avoid a possession with intent conviction need to prepare carefully before going to trial. Developing a legal strategy generally requires an understanding of the state’s case and the unique circumstances surrounding the charges at issue.