Many drugs are illegal to possess under both federal law and Georgia state statutes. People arrested for drug crimes often expect to face simple possession charges. They may then feel shocked and possibly frightened if the state pursues more serious charges against them.
In some cases, those found in possession of drugs may face possession with intent to distribute charges instead of simple possession charges. Unlike simple possession, which can sometimes be a misdemeanor offense, possession with intent to distribute is a felony offense. Defendants face a life-altering criminal record and much harsher penalties.
How do prosecutors work to prove that someone intended to distribute the drugs that officers found in their possession?
The amount of drugs is a key factor
In many possession with intent to distribute cases, prosecutors simply have to establish that the amount of drugs found indicates an intent to distribute to others rather than use those drugs for personal purposes. Frequently, having a significant amount of a single drug can look like possession with intent. State prosecutors may also bring harsher charges against those caught in possession of multiple different types of drugs.
Other items can strengthen a prosecutor’s case
Frequently, possession with intent charges involve individuals caught with certain types of drug paraphernalia. Scales can make it seem as though an individual intended to weigh out and redistribute the drugs found in their possession. Individual packaging, such as single-use sandwich bags or even disposable straws, can also strengthen the claim that an individual intended to repackage and distribute the drugs in their possession. Even disposable consumption tools could strengthen the state’s allegations of possession with intent.
Communication records can also become evidence
Text messages and even phone calls with other people who have a known association with the local drug trade can help strengthen the prosecutor’s claim of possession with intent. Other times, interactions on social media ranging from private messages to comments and posts can make it look like an individual may have actively participated in the distribution of illicit substances.
Those fighting back against possession with intent allegations and other drug charges often need to look at the state’s evidence carefully with the guidance of a skilled legal team. Developing an appropriate defense strategy can help individuals to work toward avoiding criminal convictions, jail time and criminal records.