Getting caught in possession of illegal drugs can land you in serious trouble, but intending to sell or distribute the drugs will result in a felony charge. Keep reading to learn more about why “intent” in drug possession cases means so much to your defense. 

The Importance of Intent 

Simply put, intent means you meant to do something or purposefully did it. Intent isn’t a mistake or a misunderstanding, it’s a determination to complete an act. Intent is very important when it comes to drug possession cases because the difference between a possession charge and an intent to sell or distribute charge can be vastly different. 

If you are convicted of possessing controlled dangerous substances (CDS) in the State of New Jersey, you will face serious consequences including fines that can reach into the thousands of dollars, the loss of your driver’s license, and up to five years in prison. If you are convicted of intent to sell or distribute those same drugs, the penalties include facing many more years in prison, and tens of thousands of dollars in fines. The severity of the sentences for intent to sell or distribute drugs are life-altering. 

The United States Drug Enforcement Administration (DEA) classifies drugs into five distinct categories depending on the drug’s acceptable medical use and the drug’s abuse or dependency potential. Schedule I drugs have the highest potential for abuse and are not considered for any medical use. These drugs include: meth, cocaine, LSD, MDMA, fentanyl, GHB, and some other “designer” drugs like knock-off benzodiazepines or “roofie”-type drugs. 

Possessing or intending to sell or distribute Schedule I drugs will result in harsher penalties than possessing or intending to distribute Schedule IV drugs like Xanax, Valium, or Ambien. However, that does not mean there are any light penalties–possessing or intending to distribute any category of drug will result in consequences. 

Intending to distribute or sell drugs is a felony offense in every State in the United States. The importance of proving someone in possession was intending to sell or distribute makes a world of difference when considering the penalty associated with the crime. There are a few things prosecutors look at when determining intent; if you are accused of intent to sell or distribute, these factors are essential to your defense. 

Determining Intent 

When prosecutors are deciding whether to charge someone with simple possession or with intent to sell or distribute, they first look at the quantity of drugs you have in your control. If you have a large amount of the drug on you, prosecutors will lean towards charging you with intent to sell or distribute. If there is more of the drug on you than you could use yourself, chances are you will be viewed as a dealer who intends to sell the drugs. 

Another important factor in determining intent is the presence of drug packaging or weighing devices. If during a traffic stop, police find baggies and a scale in your car, as well as drugs, the likelihood of being charged with intent increases. Additional charges like maintaining a drug production facility may also come about from the presence of drug paraphernalia. 

If you are charged with possession of drugs, or with intent to sell or distribute drugs, it is imperative that you seek the guidance of an experienced criminal defense attorney. There are a number of elements that prosecutors need to get exactly right to charge you with either of these crimes. A knowledgeable lawyer, like those are the Law Offices of Robert J. DeGroot, know how the court system works and will work tirelessly to protect your rights. 

Defenses for Drug Charges  

Working with a skilled criminal defense attorney to refute drug charges is necessary. Proving intent is the burden of the government. It must be proven that the defendant’s mindset at the time of the crime was to purposefully sell or distribute drugs. 

Possible defenses for drug possession/intent to sell distribute charges include: 

Intent: As mentioned above, it is the duty of the court to prove intent. Just because there were drugs near you does not mean you intended to sell them.  

Faulty Evidence: The defense can have the substance you were arrested with tested to ensure it is what the prosecution says it is. The defense can also question the safe storage and confiscation of the drug. 

Police Misconduct: Whether the police had the authority to stop and arrest you can be questioned. If an illegal search was done, your defense team can also use that as a way to lessen or avoid charges. 

Seeking professional help with your defense from an experienced criminal defense attorney is essential to your defense. Developing an effective defense for the charges against you can only be accomplished with the help of an accomplished defense attorney. 

If you or someone you know is facing drug possession or intent to distribute charges, reach out to the Law Offices of Robert J. DeGroot today!