Police officers can arrest anyone who they catch in possession of dangerous drugs. State prosecutors can then choose to bring charges against those who illegally possessed prohibited or controlled substances.
Many individuals arrested due to claims of drug possession expect to face simple possession charges. What they may not realize is that it is standard practice for prosecutors to bring the most serious charges that they can justify based on the circumstances.
In certain situations, prosecutors may accuse defendants of possession with the intent to distribute or traffic the drugs. What factors might result in a prosecutor initiating possession with intent charges instead of simple possession charges?
The history of the defendant
If an individual has multiple prior convictions related to drug distribution or trafficking on their record, state authorities are likely to scrutinize the situation carefully after any subsequent arrest. A history of involvement with the drug trade can lead to prosecutors bringing charges based on the assumption that the defendant intended to distribute the drugs to others.
The quantity or type of drugs involved
Sometimes, the state questions the claim that drugs are for personal use because an individual has a significant amount of the substance in their possession. Larger quantities of controlled substances can lead to allegations that an individual intended to distribute those drugs to others for financial gain.
Other times, concerns may stem not from the total quantity but rather the variety of substances. Those who sell drugs to others may have multiple different types of drugs in their possession. Individuals caught with a number of different drugs may have a difficult time claiming that everything was for their personal use.
The presence of certain paraphernalia
Items that people use for drug distribution, production or consumption are illegal in their own right. Those caught with drug paraphernalia can sometimes face secondary charges. Even if they avoid additional criminal consequences, the paraphernalia they possess could raise questions about their intentions.
Scales intended to weigh drugs can look suspicious. So can items used to handle or repackage drugs. Even packaging itself, including items as simple as plastic sandwich bags or disposable straws, could make it appear as though someone intended to repackage and distribute the drugs in their possession.
Understanding the justification for specific criminal charges can help people as they develop defense strategies. Defendants facing drug charges may need help undermining the state’s claim that they intended to distribute the drugs in their possession.