There are many ways for people to violate controlled substances laws. Simply being in possession of controlled or prohibited drugs can be adequate reason for the state to prosecute an individual. Those accused of unlawfully possessing prescription medication or prohibited drugs may expect to face basic misdemeanor possession charges.
However, prosecutors generally try to bring the most serious charges they can justify in criminal court. Sometimes, prosecutors bring multiple charges over a single incident. Other times, the goal is simply to pursue the most serious criminal charges possible.
After a drug possession arrest, the state may claim that a person possessed drugs with the intent to distribute them to others or traffic them. What evidence is typically necessary to justify possession with intent charges?
Minor details can support the state’s case
A variety of different unique factors could lead to credible suspicions that an individual has trafficked illicit substances or intends to do so in the future. In some cases, records of text messages, emails and private communications on social media can support allegations that a person in possession of drugs intended to sell them to others.
A prior record related to trafficking or distribution can also help bolster the state’s case. What police officers find when conducting a search or arresting an individual could strengthen allegations of possession with intent.
A variety of different types of paraphernalia have a strong association with drug trafficking. People who have scales with their drugs, including digital kitchen scales or manual postage scales, could face increased legal scrutiny.
Items as banal as single-use sandwich bags or plastic straws could also lead to allegations of an individual trafficking drugs, as they could serve as packages for the drugs. The amount of drugs found in a person’s possession could lead to credible claims that the drugs were not for personal use.
The best way to fight possession with intent charges largely depends on the criminal record of the defendant and the evidence that the state has collected. Making use of the right to legal representation and the right of discovery to assess evidence with the help of a lawyer can be beneficial. Those accused of drug crimes may be able to avoid convictions with appropriate criminal defense strategies.