Drug Possession With Intent to Distribute and Trafficking Charges: What You’re Up Against (and How a Defense Lawyer Can Help)
Drug Possession with Intent to Distribute or trafficking is one of the most serious allegations a person can be confronted with in the justice system. Such allegations carry felony charges, the potential for a prison sentence, and other negative impacts that can linger for a long time, even on a first arrest.
At Andrew L. Schwartz, P.C., we understand that in many instances, a defendant may not actually be a “drug dealer” as prosecutors imply. In fact, in many instances, there may actually be misunderstandings, overcharging, or instances in which law enforcement may have assumed a defendant’s intentions when it hasn’t been proven.
Possession With Intent to Distribute vs. trafficking: What’s the difference?
Both charges are serious in their own right. However, distribution is not the same as trafficking.
Possession With Intent to Distribute cases usually include claims of selling, delivering, or intending to sell controlled substances. There are cases where Possession with Intent to Distribute charges are filed even if there was no actual sale, due to the quantity of substances and other circumstances.
Drug trafficking, on the other hand, is usually based on a certain weight threshold set by law. Once a certain threshold is reached for a specific controlled substance, a prosecution for trafficking can be made regardless of whether there is evidence of a large-scale operation or not. A trafficking charge carries mandatory minimum sentences, so it ends up being a high-stakes crime.
How prosecutors try to prove intent to distribute
One of the most important aspects in most Possession with Intent to Distribute cases is proving intent, and the prosecution will argue that the following indicate that drugs were for sale:
- Packaging materials like baggies or containers
- Digital scales or measuring devices
- A lot of cash
- Text messages or communications through social media sites
However, these points do not necessarily constitute evidence of Possession with Intent to Distribute. There could be a reasonable explanation that is innocent.
Common defense strategies in distribution or trafficking cases
Each case is unique, but often the key to a good defense is to analyze the evidence and look for holes in the prosecution’s argument. Some possible defenses, based on the facts of the case, are:
- Unlawful search or seizure – If police violated your constitutional rights during a stop, search, or arrest, important evidence may be suppressed.
- Lack of possession or knowledge – The substances might not be yours to begin with, or you didn’t know about them. If you’re sharing an apartment with someone, this can be a good defense.
- Evidence and lab testing – Drug cases commonly make use of forensic analysis. Forensic analysis can lead to reasonable doubt if there is any error in testing, handling, or documentation.
The prosecution must prove more than mere suspicion. Your defense attorney can challenge accusations based on quantity or circumstantial evidence alone.
Talk to a Smyrna, GA, Drug Trafficking Attorney Today
Andrew L. Schwartz, P.C., represents the interests of Georgia residents who are facing charges of drug trafficking or possession with intent to distribute. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
