Drug possession is a common and serious criminal charge. However, sometimes the state may allege that the offense was more serious than simple possession. Prosecutors may try to bring more significant charges when circumstances warrant doing so.
Police officers do not need to catch someone in the act of transferring drugs to accuse them of involvement in the drug trade. Many people end up facing possession with intent to distribute charges. This enhanced type of drug charge applies in scenarios where the state can reasonably assert that an individual possessed drugs with the intention of distributing or selling them to others.
What details about a drug possession situation may increase the likelihood of possession with intent allegations being brought against a defendant?
1. A history of drug offenses
Those who have a record of prior drug offenses tend to face more scrutiny after an arrest. Their pre-existing connections to the drug trade may inspire state prosecutors to allege that the drugs in their possession were likely for sale, not for personal use.
The greater the number of prior charges and the more serious they were, the greater the likelihood that an individual’s record could lead to more significant criminal accusations.
2. The weight of the drugs
The state may assume that drugs are not for personal use when the amount of drugs in someone’s possession exceeds a certain threshold.
Those in possession of a significant amount of a particular drug may be more vulnerable than those with a small amount to face possession with intent charges. Scenarios involving multiple different drugs can also look more like possession with intent than scenarios involving a single substance.
3. Social activity
The behavior an individual displays on social media can raise questions about their values and intentions. Sharing the wrong content online, following certain brands and even sending private messages can strengthen the state’s claim that an individual possessed drugs with the intent to distribute them to others.
The interpersonal relationships of a defendant can also influence the likelihood of serious drug charges. Those who have close connections to people who have clear ties with the drug trade may be at higher risk of prosecution for trafficking or possession with intent charges because of those relationships. Even the flow of visitors in and out of a residence could strengthen the claims that a defendant allegedly trafficked certain substances to others or intended to do so.
Those facing drug charges may need help understanding why the state pursued specific allegations and how to effectively respond to those claims. Seeking legal guidance when planning a defense strategy can help people limit the lasting consequences of a drug arrest and pending drug charges.
