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How do police establish that you had intent to distribute a drug?

On Behalf of | Jul 27, 2021 | Criminal Defense |

Texas criminal laws are very aggressive, especially when it comes to drug prohibition. Even possession can lead to serious jail time and fines. However, when police claimed to have caught you with a drug in your possession, you could also face more serious charges.  

They might accuse you of possession with intent to distribute the drug. Basically, that means that they think you are a drug dealer but they didn’t catch you in the act. How did the police build a case against someone charged with possession with intent to distribute? 

 They look at your criminal record 

If you have previously gotten arrested for trafficking or distributing drugs, police are going to scrutinize you carefully after every possession arrest in the future. The more significant the criminal record, the easier it will be for them to use that history against you.  

They look at the kinds of drugs or their total weight

The more drugs police find in your possession or on your property, the easier it will be for them to charge you with possession with intent to distribute. More drugs could mean either numerous kinds of drugs or a large quantity of a few substances.  

Having multiple ounces of one drug is likely far more than what anyone would need for personal use, making it likely that you intend to distribute it in the eyes of the police. Having multiple different kinds of drugs in your possession will lead to the same argument. That variety likely indicates those substances are for other people and not for you. 

They look at the traffic in and out of your home

Possession with intent charges don’t always spring up after basic arrests. They are frequently the outcome of protracted investigations.  

If officers have monitored foot traffic in and out of your home, that could help them show possible trafficking. The more people that come by your house and the shorter their visits are, the more suspicious that looks. 

Even other items in your possession at the time of your arrest, like scales or items you could use for individual packaging, could help the police build a case against you for possession of a drug with intent to distribute. Understanding how police build their case for serious drug charges will make it easier for you to defend against them. 

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