In Texas, drug charges can escalate quickly if law enforcement believes there is intent to distribute. Proving you had no intent to distribute can significantly reduce the severity of the charges and potential penalties.
Understanding the factors that influence these charges and taking steps to challenge them can help defend against life-changing accusations.
Understanding intent to distribute
The state of Texas takes drug offenses seriously. Law enforcement does not always need to catch someone in the act of selling drugs to charge them with intent to distribute. Several factors can lead to such a charge, including the amount of drugs found, the packaging of the drugs and the presence of items like scales or large amounts of cash.
Challenging the intent to distribute
Challenging an intent to distribute accusation involves presenting evidence that you were not preparing drugs for sale. This typically entails demonstrating that any drugs found by police were for personal use. If possible, assert that the amount of drugs does not exceed what a person might reasonably use.
Another method involves addressing the presence of packaging materials or scales. A valid reason for these items can weaken the claim of intent to distribute. For example, having plastic bags might relate to storage for personal use rather than sale. If you have large amounts of cash on hand, prepare documentation that can explain a valid reason unrelated to drug sales.
Importance of context and evidence
The context in which law enforcement found the drugs is extremely important. Personal testimony, witness statements and thorough documentation can all contribute to building a defense based on context. By focusing on these factors, you can effectively challenge the charge and work toward reducing or dismissing the accusation.
The Texas Department of Public Safety reports that there were 302 Texas drug abuse arrests per every 100,000 people in 2020. This figure shows how common drug arrests are and illustrates the opportunity to defend yourself from becoming part of the statistic.