If police officers find drugs on someone’s person, in their home or in their vehicle, they may arrest that individual. Those accused of unlawful possession of a controlled substance may expect to face misdemeanor charges.
Especially if they have never had an encounter with the criminal justice system before, they may have unrealistic expectations of lenient treatment. The unfortunate reality is that the justice system doesn’t tend to trend toward lenience. The opposite is often true.
Police officers and prosecutors often try to establish a case for the most serious charges possible given the circumstances. Individuals expecting to face basic possession charges may end up accused of possession with intent to distribute to others, which is a felony offense. How does the state prove someone intended to distribute drugs to other people if they don’t catch them in the act of negotiating a sale?
By analyzing the drugs
Sometimes, the only evidence the state needs to bring a possession with intent case is documentation of the drugs found in an individual’s possession. Three situations could increase the likelihood of enhanced charges.
The first is when an individual has a large amount of drugs in their possession. The same thing can occur when an individual has numerous types of drugs in their possession. Finally, having drugs and individual packaging can also make the situation look like one that involves distribution rather than simple possession for personal use.
By documenting paraphernalia
Drug possession, consumption and distribution require certain secondary items. Digital or postage scales, empty packages and even consumption tools can all play a role in the state’s case against an individual. The more items they have, the easier it may be for the state to show that they may have intended to repackage the drugs or provide them to others.
By questioning the conduct of the defendant
Numerous actions can make people look guilty of involvement in the drug trade. Having too many people visit them at home or work can appear suspicious. The state may question interpersonal connections to those who have a known involvement in the drug trade.
Even the way that people behave on social media can help the state develop a possession with intent charge. Prior drug convictions can also help strengthen the state’s case in some scenarios.
People accused of drug crimes often need help finding the right way to respond. Reviewing the state’s evidence can help a defendant plan a strategy for when they take their case to trial.