In most states, the judicial system is much tougher on drug dealers than they are on abusers. Since policymakers and lawmakers consider drugs as a direct cause of illicit crime, they usually target the source. Many states prosecute accused dealers to the fullest degree of the law. A prosecution for a crime of possession with intent to sell a controlled substance is punishable by fines, probation, and imprisonment.
Drug offenses are usually based on the sort of controlled substance and the quantity that has been confiscated by law enforcement. The defendant may be charged with a crime of trafficking if he or she possesses a certain amount of a substance.
With all other things being equal, possession with intent to sell is not as serious a charge for an able drug crime lawyer to defend against. It falls somewhere between simple possession and trafficking. A defendant may be charged with the crime if the law enforcement and prosecutors believe that the seized drugs were not merely for personal or recreational use.
A few things that may lead them to this conclusion include - the presence of drug paraphernalia, such as scales or baggies at the scene. The way it was packaged, the type and quantities of the substance, the presence of weapons, and an admission by the accused to law enforcement or prosecutors that he intended to sell the goods.
Possible Legal Defenses
No matter how dire the circumstances, an experienced drug crime lawyer can help. Law is all about the procedure, and if the law enforcement or prosecutors overstepped their bounds, it might be possible to get the charges reduced or dismissed.
For example, if the initial search was conducted without a warrant or the suspect was illegally detained, the charges against the accused may not stand. It is also essential to note that intent is a difficult thing to prove. Unless the accused actually admitted that he was planning to sell the seized substance, he may only be subject to simple possession.
A drug crime lawyer may also build a defense based on the presumption that the defendant had no intention of selling or distributing the illegal substance. If the lawyer can convince the judge or jury that the substance was for personal or recreational use only, then the defendant would not be subject to a distribution charge.
In that instance, the prosecutor might drop the charges. In the worst-case scenario, the prosecutor might offer a deal for simple possession, which is a much less severe crime in most states. Many states even offer rehabilitation programs instead of prison time for people who are convicted of possession.
The law office of Cole Paschall Law offers comprehensive consultations so that you have a chance at avoiding severe penalties for your suspected crimes or at least get away with lighter punishment like community service.
Contact the criminal law office of Cole Paschall Law, one of the best drug crime lawyers in Fort Worth, TX at (817)-477-4100, to start building a strong and impactful defense against your criminal charges!