How can an attorney help reduce intent to distribute charges?

How an Attorney Can Help Reduce Intent to Distribute Charges

Being charged with possession with intent to distribute controlled substances is an extremely serious offense that can lead to severe penalties if convicted. However, there are several legal defenses and strategies an experienced criminal defense attorney can use to get the charges reduced or even dismissed.

Understanding the Charges

Possession with intent to distribute involves being caught with illegal drugs along with evidence that indicates you planned to sell or distribute them to others
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. This is different from a simple drug possession charge, which only requires that you physically possessed the drugs
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.
Factors that can lead to an intent to distribute charge include
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:
Having a large quantity of drugs
Packaging drugs in a way that indicates sales, such as baggies or smaller packages
Possessing drug distribution paraphernalia like scales, baggies, or packaging materials
Text messages or recordings discussing drug transactions
Large amounts of cash on hand
Even small amounts of drugs can lead to distribution charges if other evidence implies intent. The penalties are also much more severe than for simple possession – distribution charges often start at 1 to 50 years in prison
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.

Challenging the Charges

An experienced criminal defense lawyer can challenge intent to distribute charges in several ways
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:
Lack of knowledge – Argue you had no knowledge of the drugs or distribution materials found. If someone else had access to your property where they were found, you may not be responsible.
Personal use – Even if drugs were found in your possession, argue they were intended for personal use only, not distribution. The amount and type of drugs can factor into this claim.
Improper police procedures – If there were any flaws in how evidence was collected or handled, it may be excluded. This could prevent prosecutors from proving intent.
Entrapment – Argue that police improperly induced you into committing a crime you otherwise wouldn’t have. This is a complex argument that requires proof you had no predisposition to distribute drugs.
Your attorney can also negotiate with prosecutors to get the charges reduced to simple possession in exchange for a guilty plea. While not ideal, this still carries much lower penalties than distribution charges
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.

Using Legal Precedents and Laws

Your attorney can cite precedents from prior court rulings to support your defense arguments. For example, they may point to cases where distribution charges were dismissed because the defendant credibly argued personal use
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.
They can also leverage state laws that place limits on how intent can be proven from drug amounts alone. In some states, possession of a “user amount” cannot be the sole basis for distribution charges
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. But amounts considered distribution vary by state.

Fighting the Charges at Trial

If prosecutors refuse to drop or reduce the charges, your attorney can take your case to trial. The burden is on prosecutors to prove beyond a reasonable doubt that you knowingly intended to distribute drugs.
Your lawyer will seek to create reasonable doubt by:
Cross-examining police and highlighting flaws in their investigation
Bringing in expert witnesses to challenge the prosecution’s interpretations of evidence
Presenting evidence of your otherwise lawful character
Testifying that you never made statements about selling drugs
If even a single juror finds reasonable doubt, you cannot be convicted. An experienced trial lawyer knows how to present the facts in the best possible light for your defense.

Seeking Sentencing Alternatives

If you are convicted despite your lawyer’s efforts, they can advocate for alternatives to harsh prison sentences. These include:
Deferred adjudication – Charges dismissed after a probationary period
Drug court – Court-supervised treatment program
Boot camp incarceration – Shortened prison time with rehabilitation programming
Your lawyer can argue you deserve these alternatives due to having no prior felonies, positive character references, and commitment to overcoming addiction.

How a Lawyer Helps

Facing intent to distribute charges without an attorney leaves you at the mercy of prosecutors. A lawyer levels the playing field by:
Conducting in-depth investigations police may have missed
Finding legal errors that could nullify charges
Negotiating with prosecutors from a position of strength
Presenting sophisticated legal arguments prosecutors cannot easily refute
Humanizing you to judges and juries as more than just an “accused drug dealer”

Finding the Right Lawyer

Not every lawyer has the skills to mount an aggressive defense against distribution charges. Seek out attorneys with specific experience fighting these complex charges in your state. Ask about their track record getting charges reduced or dismissed pre-trial.
Avoid lawyers who suggest immediately pleading guilty, as you may have strong defenses. Be wary of unrealistically low fees, as top lawyers charge accordingly.
With an experienced criminal defense lawyer on your side, you have the best possible chance of avoiding harsh penalties for intent to distribute charges. The stakes are high, so invest in protecting your future.

References

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https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/possession-controlled-substance-intent-distribute
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https://www.findlaw.com/criminal/criminal-charges/possession-with-the-intent-to-distribute.html
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How Do I Fight a Possession with Intent to Distribute Charge?

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https://www.notguiltyadams.com/practice_areas/drug-possession-for-sale-defense-lawyer-in-cincinnati-oh.cfm
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https://caselaw.findlaw.com/fl-district-court-of-appeal/1863753.html
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https://norml.org/laws/item/kentucky-penalties-2
https://www.shouselaw.com/ca/defense/drug-charges/possession-sales/
https://www.bhwlawfirm.com/legal-services/drug-charges-defense/
https://www.davidallenlaw.com/possession-of-a-controlled-substance-with-intent-to-distribute/#:~:text=Hiring%20an%20experienced%20drug%20crimes,on%20your%20behalf%20in%20court.
https://www.avvo.com/legal-guides/ugc/how-to-find-the-best-criminal-defense-attorney-for-drug-charges