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How do Georgia prosecutors establish an intent to sell drugs?

On Behalf of | Jan 31, 2024 | Drug Crimes

Those involved in illicit drug transactions could potentially face multiple types of criminal charges. Prosecutors can charge people with possession offenses just for having a drug in their vehicle or their bloodstream. The state could also pursue possession with intent charges if there is reason to believe that someone had drugs not for personal use but rather for financial gain. Possession with intent is typically a felony offense, even if the drugs involved are often subject to lesser penalties.

Anyone caught in the act of distributing or trafficking drugs could face enhanced criminal charges. Georgia prosecutors might also bring possession with intent charges even if they only have proof that someone had drugs in their possession.

There are many ways to raise questions about criminal intent

The exact circumstances leading to someone’s arrest strongly influence how the state builds its case. For example, an arrest during a traffic stop could raise questions about whether someone intended to transport the drugs in their possession to another party. What drugs the police find can also play a major role in the case. The greater the overall amount of drugs located during someone’s arrest, the easier it could be for prosecutors to claim that those drugs were not only for personal use.

Additionally, when someone has more than one kind of drug in their possession, that could also lend credibility to claims of possession with intent to distribute. Many people only one drug, so those caught in possession of multiple drugs may face questions about why they had several different substances in their possession.

Someone’s social history, including how they use social media, could contribute to the state’s case against them. Even seemingly harmless items found during an investigation could bolster the state’s case. Scales, individual packaging and other types of paraphernalia might increase the chances that the state could accuse someone of possession with intent to distribute those drugs to others.

Possession with intent charges typically come with more serious consequences than simple possession offenses. Understanding how the state builds its case can be valuable insight for those recently arrested for an alleged drug offense in Georgia, as they’ll need this insight to build a strong defense with the assistance of their legal team.