How Does Law Enforcement Know That You “Intended to Distribute” Illegal Drugs in Georgia?
The State of Georgia doesn’t mess around when it comes to drug crimes. The majority of simple possession charges are felonies under our laws. If you’re facing drug charges in Cobb County, you may wonder how police officers differentiate between simple possession charges and drug dealing charges (intent to distribute). How can law enforcement determine your intent? In this article, the Smyrna drug crimes attorneys at Andrew L. Schwartz, P.C., will discuss the difference between simple possession charges and intent to distribute charges.
The difference between simple possession and intent to distribute in Georgia
Simple possession implies that you possess the substance for personal use. In some cases, mere possession of a substance can be charged as a felony. In other cases, it is considered a misdemeanor and punishable by a fine and a year in jail. Penalties will vary depending on the substance in your possession and the quantity.
By contrast, intent to distribute is a much more serious charge associated with possessing a controlled substance with the intent to sell, deliver, or distribute. The intent to distribute a controlled substance is always treated as a felony and comes with much harsher penalties than simple possession.
How does law enforcement determine if someone “intends to distribute”?
Law enforcement will consider the quantity of the drug in the possession of the suspect. The more drugs they possess, the more likely it is that they intend to distribute the drugs. Large amounts of drugs indicate that the individual is not in possession of the drugs for personal use only. In addition to quantity, the suspect may have paraphernalia such as baggies, scales, or cash that imply the intent to distribute or an illegal drug operation.
Defending against drug charges in Georgia
As a seasoned Smyrna drug possession attorney, the law offices of Andrew L. Schwartz, P.C., have represented hundreds of clients who have been charged with illegal possession of a controlled substance. Some of these individuals were casual users who were mislabeled as drug dealers. They may have purchased a large quantity of drugs for a party. Whatever the case, law enforcement and prosecutors have the burden of proving your intent. This can be tricky. It’s not always clear what an individual’s intent is. Law enforcement doesn’t always get it right.
An experienced Smyrna criminal defense attorney will ensure that you are not overcharged for the crime you committed. Having an experienced criminal defense attorney represent you in Georgia is absolutely imperative to negotiating a deal you can live with.
Talk to a Cobb County Drug Possession Attorney Today
Andrew L. Schwartz, P.C., represents the interests of those who have been charged with various drug offenses in Cobb County. Call our Cobb County criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.
