Police officers can arrest anyone who they find in unlawful possession of contraband or controlled substances. The circumstances may warrant bringing relatively serious criminal charges against the person in possession of those drugs.
Instead of basic possession charges, state prosecutors can bring enhanced charges related to possession with the intent to distribute those drugs to others. Such charges are often felony offenses that carry more serious penalties then a standard possession offense usually does.
How does the state justify accusing someone of possession with intent?
Based on criminal records
Many times, the prior conduct of the person accused can justify the state’s decision to bring more serious charges against them. Someone who has a history of drug trafficking or distribution may look more suspect to law enforcement professionals and prosecutors when caught in possession of controlled substances.
Based on arrest factors
Sometimes, the unique circumstances at the time of an individual’s arrest make the situation look like an intent to traffic drugs instead of a basic possession scenario. When there are other people nearby who may have a history of substance abuse themselves, that can look particularly concerning to state officials. Other times, it might be the overall amount of drugs or a variety of different drugs that concern prosecutors or police officers.
In some cases, it may be seemingly unrelated items in an individual’s possession at the time of their arrest that makes them look like someone involved in drug trafficking. Tools used to weigh, measure or handle drugs could lead the state to conclude that someone intended to distribute the drugs in their possession to others. Possessing individual packaging or drugs already in small individual quantities could also raise suspicions of an offense beyond simple possessions.
The good news for those facing more serious drug charges, like possession with intent, is that those more significant charges increase the burden of proof imposed on state prosecutors during a trial. There may be more options for fighting those charges.
Learning about state law and different criminal defense strategies can help those accused of serious drug offenses plan the best response possible. Defendants facing drug charges often have multiple options available to them that could help them avoid criminal convictions.