Denton drug possession with intention to distribute is a Texas statute, and there is nothing there that will prove intent on its own, unless the person arrested indeed admits to possessing the drugs and intending to sell it. However, when trying to prove intent to distribute, they have to first consider the circumstances surrounding the drug possession arrest and if intent to distribute can be proven.
If an individual was arrested for drug possession with intent to distribute, a distinguished drug lawyer can develop a course of action for their defense. A Denton possession with intent to distribute lawyer can advise the client on the best options for their future.
Possession vs. Possession with Intent
Most times, when someone is charged with law violations of drug possession or possession with intent in Denton, they will be sent to the district attorney’s office. The district attorney will be the one to look at the facts to see if they can make a case for drug possession with intent to distribute and if they can, then they are going to charge a person with that. It is important to have an attorney so they can use their knowledge and experience to help protect the person’s rights both now and in the future.
Role of the Prosecution
The prosecution will offer a specific set of facts after looking at several factors surrounding the arrest. If someone had a hundred baggies pre-sized with marijuana, that is going to show not only drug possession but intent to distribute. If a person has a lot of drugs next to a scale, next to an open bag of Ziplock bags, that can easily show intent to distribute.
Drug possession charges and possession with intention to distribute charges have similar penalties because they are both considered felonies. What degree of felony the individual is being charged with might depend on the owner of the drugs found. It is common in Corpus Christi for a charge to escalate from single possession with intent but also not say it is rare. A lot of this is going to depend on each person’s unique drug case.
Potential penalties for possession can lessen depending on the classification of the crime. If the drug crime is considered a state jail felony in Denton, that person is looking at state jail time. The deciding factors for drug possession with intent felonies can also be lessened to a fine. Someone could be charged with both intention to possess and intention to distribute in Denton.
First Time Possession Programs
Any diversion programs or alternative sentencing for first-time drug possession with intent to distribute charges in Denton will depend on the district attorney’s policies. As of right now, there are no programs for individuals with first-time possession charges. That is not to say that there cannot be some in the future because each district attorney who runs the office will run it differently and Denton is currently undergoing a change in the office of the district attorney.
Prosecutors are looking for actual care, custody, control, or management in drug possession cases. The idea behind constructive drug possession is unless someone can definitively tie the individual being charged, to being in control of the drugs found, the charge will still fall under a possession charge.
For example, if the individual has drugs in their storage locker, prosecutors will know that that person most likely put them there. No one else has access in or out of that storage locker. This individual will be found to be in constructive possession of those drugs.
The Denton courts will not differentiate between constructive drug possession and actual possession because they are considered the same offense. Actual possession means, for example, someone may have drugs in their pocket.
Lessening the Charge
Whether or not an individual can lessen the consequences of their charge remains contingent upon the case. If there is a violation of the law by the police, for example, or problems with the drugs, then a Denton possession with intent to distribute lawyer may be able to negotiate a better deal with the district attorney.
Because these cases carry substantial consequences, a person should ensure that they have a legal advocate on their side at every step of the process.
Dropping the Charge
Drug charges, like most charges, can be dropped right away for a number of reasons. For example, an officer may pull an individual over, find marijuana, and charge the individual. However, this search may have been done illegally.
If the prosecutor sees that the search was done illegally, many times, a person can use an attorney to prove that.
Further, an individual may have been riding in a vehicle with multiple people. If one person is found in possession of marijuana but everyone in the car is charged, a lawyer can sometimes have that charge dropped. In some situations, prosecutors may drop the case against the person because someone else owned up to possessing the drug.
It is important that an individual hires an attorney to ensure that any available legal avenues are pursued.