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Can you fight a drug possession with intent to distribute charge?

On Behalf of | Aug 23, 2023 | Criminal Defense

Facing a criminal charge of possession of drugs with intent to distribute can be a serious and overwhelming situation. This charge alleges not only that you have those illegal substances in your control but that you intend to sell them or give them to other people.

There are several ways you can defend yourself against this charge.

Proving lack of intent

The prosecution needs to prove that you had the intention to distribute the drugs. They might point to your activities or the amount of drugs as evidence. Proving that you had no intent to distribute or that the drugs were for personal use may lead to reduced charges or dismissal.

Questioning search and seizure procedures

Law enforcement officers must follow proper procedures when conducting search and seizure operations. If the police find drugs in your possession during an unlawful search, then they are violating your Fourth Amendment rights. The prosecution cannot use evidence found during such an unlawful search to convict you of drug possession.

Hearing witness testimonies

Witnesses who have knowledge of the situation might provide testimony that can turn a drug possession case in your favor. This can include vehicle passengers or next-door neighbors present during a search and seizure.

The National Center for Drug Abuse Statistics reports that 1.16 million Americans face arrest each year for drug-related offenses. Relatively few of these arrests escalate to charges of having an intention to distribute. It is important that you know how you can defend yourself if you stand accused of this serious offense.