Possession With Intent To Distribute CDS
Possession With Intent To Distribute CDS: What You Need To Know
Being charged with possession with intent to distribute controlled dangerous substances (CDS) can be an incredibly stressful and confusing situation. This article will break down what these charges mean, potential penalties, and possible defenses to help you understand your case better.
What does “possession with intent” mean?
Simply having drugs in your possession is not enough to face this charge. Prosecutors must prove you intended to distribute or sell those drugs to others. Factors they consider include:
- The quantity of drugs found. Having a large amount may indicate plans to sell. But some people do buy in bulk for personal use.
- How the drugs were packaged. Were they already divided into smaller bags or doses for sale? Or were they in bulk containers for personal use?
- Cash found. Carrying extra cash can signal drug dealing. But not always.
- Scales or baggies. Possessing tools used for weighing and packaging drugs may suggest intent to distribute. But could be for other reasons.
- Statements or admissions. Anything you said about selling or buying drugs for resale may be used against you.
Without solid proof of actual sales or distribution, charges often rely on circumstantial evidence regarding quantity and these other factors. But jumping to conclusions is common, and false accusations happen.
What are the penalties?
Potential penalties vary based on the type and amount of substances involved. In general though, possession with intent convictions carry much harsher punishments than simple possession charges. We’re talking years in prison versus months in jail.
Under MD Code Criminal Law § 5-608, maximum sentences can include:
- Narcotics (heroin, cocaine, etc.): 20 years imprisonment
- Marijuana: 5 years imprisonment
- Non-narcotics (illegally obtained prescription medications): 5 years imprisonment
Fines up to $25,000 are also possible. Other consequences may include driver’s license suspension and difficulties finding employment due to a criminal record.
How can I fight the charges?
Every case has unique evidence to weigh. But common defenses to possession with intent charges include:
Lack of Proof of Intent to Distribute
Like discussed earlier, prosecutors must establish your intention to sell or distribute drugs — not just personal use. Picking apart their evidence and highlighting plausibilities like buying in bulk for personal savings or other reasons can cast doubt.
Illegal Search & Seizure
Most drug charges originate from a search and discovery of substances. But was that search legal in the first place? If any part of the search or seizure violated your 4th amendment rights, evidence could get thrown out. An experienced criminal lawyer can review issues like:
- Invalid traffic stop leading to vehicle search
- Lack of probable cause for warrantless search
- Search exceeding scope of warrant
Invalid Testing or Mishandling of Evidence
Chemical field tests used to identify suspected drugs often have high error rates. And substance handling procedures prior to confirmatory lab testing could easily compromise samples. Raising credibility issues over testing and custody practices could weaken the prosecution’s case.
No Proof You Knew About the Drugs
Hard as it may be to believe, sometimes people have no clue about drugs stashed in their home, car, or belongings by others. You can’t legally or ethically be held responsible things you didn’t know about.
Of course police and prosecutors often have a hard time accepting such claims. Making them really prove you knew about the substances and intended to distribute them is key.
Other procedural problems or evidentiary issues may also provide opportunities to get charges reduced or dismissed. Having an aggressive lawyer fighting for your rights can make all the difference.
The stakes are high, but experienced criminal defense attorneys have helped many in your shoes win dismissals, acquittals, reduced charges, and minimized penalties. Don’t go it alone against the power of the state. Get knowledgeable legal help right away. Many offer free case reviews and flexible payment plans to ease your stress.