Charges of Drug Possession With Intent
10 months ago by Brian
Many people assume that they must be caught in the act of selling drugs to face criminal drug charges relating to drug sales. However, did you know that you can be accused of merely intending to sell drugs, even if no sale took place? Minnesota law allows such criminal charges if the prosecutor believes that you possessed drugs with the intent to distribute them – including sales or even giving them to someone else.
The penalties for all drug crimes in Minnesota can be harsh, and they escalate once you move beyond simple possession.
If you face charges of drug possession with intent, you need defense help from a Woodbury drug crimes lawyer who handles cases in Woodbury and near the St. Paul area.
When Can the Prosecutor Allege the Intent to Sell Drugs?
When police officers catch someone in possession of a controlled substance, that person can face simple drug possession charges, which means they possessed the drugs for their own personal use.
However, under some circumstances, police officers and prosecutors can allege that you possessed the drugs for more than your own use, as they believe you intended to sell them to others.
Authorities cannot get inside of your head to know exactly what you intended to do with the drugs.
Since no sale was witnessed, the prosecutor must rely on circumstantial evidence to allege your intent. Some factors that might lead to intent to distribute charges include:
- You possessed a larger amount of a certain drug than is typical for personal use
- You were found in possession of items used to distribute drugs, such as scales, baggies, and more
- You had a lot of cash with you, which is typically used for drug sales
If you are suspected of possessing drugs with the intent to sell, you might face fourth-degree controlled substance charges.
This serious charge applies to drugs categorized as Schedule I, II, or III (except THC and marijuana). A conviction of this charge can mean up to 15 years in prison and/or fines up to $100,000.
Defending Against Your Drug Charges
As you can see, Minnesota takes possession with intent to sell seriously – even though the allegations did not involve the actual sale of drugs. It is critical to fighting these charges with help from a drug sales defense lawyer.
Often, a lawyer can challenge the circumstantial evidence of your intent to sell. This might result in your charges being reduced to simple possession.
Further, if the drugs were discovered due to an unreasonable search by law enforcement, your lawyer can use this violation of your rights to get the drug evidence thrown out of court.
Finally, if the drugs were not yours at all, your lawyer can challenge the assertion that the substance was in your possession.
Let a Woodbury, MN Drug Sales Lawyer Help You
The penalties for drug sales and possession with intent are serious, but there are ways to avoid the harshest result in your case. JS Defense, PA. defends against drug charges in the Woodbury area, please contact us for more information today. Call: 651-968-9652