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How Police Determine Intent to Distribute in Possession Cases

| Feb 21, 2013 | Uncategorized |

Drug possession charges in Texas can range from a relatively minor misdemeanor to a felony if certain aggravating factors are in play.

One factor is what’s called the “intent to distribute”. This crime applies to all classes of drugs, from marijuana to LSD. While simple possession implies the drugs found were strictly for personal use, the intention to distribute or deal the drug is considered a far more serious crime, and is met with increased penalties.

Criminal defense attorneys know what the police are looking for when establishing this charge, and so should you. Although each case is different, here’s what police typically look for when determining “intent to distribute”:

Packaging Method: One of the most obvious indications of intent to distribute is the way the substance is packaged. For example, while marijuana for personal use might be stored in a single plastic baggie, dealers would generally separate the drug into small amounts using smaller bags (“dime bags”) to make selling easier. Even if drugs are not separated into smaller bags, the very presence of dime bags in close proximity to street drugs will be considered as evidence by police.

Amount of Drug: The amount you have in your possession will play a significant role in the charge police levy against you. If the amount exceeds what would be reasonable for personal use, expect this to be used as evidence against you.

Large of Amounts of Cash Found: Drug dealers use cash. If police find you with large amounts of cash, this may be used against you to prove your intent to deal.

Presence of Scales & Other Pharmaceutical Tools: Scales and other tools like grinders and pill cutters are used by dealers to weigh and divide portions of the drug. If police search your residence and/or vehicle and find any of these items next to the drugs, this will also be used against you.

If you feel you have been wrongly accused of the intent to distribute a controlled substance, don’t hesitate to call the New Braunfels criminal defense attorneys you can trust here at Kyle Law Firm. The sooner youcontact us the sooner we can start building your case. Call today.