Texas laws prohibit various different actions involving drugs. Some drugs are controlled substances that are only legal to possess or use under the direct supervision of a medical professional. Other drugs are dangerous and have limited medical use, so state law prohibits them.
Anyone caught illegally possessing controlled or prohibited drugs could face prosecution. Those who facilitate the access of others to control the substances could potentially face even more serious allegations than those accused of simple possession. Someone involved in the manufacturing or trafficking of drugs could easily face felony charges. Texas prosecutors could also try to accuse someone of possession with the intent to deliver the drugs to other parties.
When can state prosecutors potentially justify possession with intent charges in Texas?
When someone has a prior record
Sometimes, the reason that prosecutors pursue felony possession with intent charges is that the defendant has a prior record of drug possession or trafficking. Someone with major prior drug offenses or repeat minor offenses might look more suspicious to stay authorities than someone who has not violated controlled substances laws in the past.
When someone has an unusual amount of drugs
Most people who use drugs for personal purposes are careful to minimize what they possess. Texas has very strict possession limits, and even small amounts of certain substances can lead to felony charges. Those with higher weights of drugs often look more suspicious to law enforcement professionals. Additionally, prosecutors might be more eager to pursue possession with intent charges if police officers find a variety of different drugs in someone’s possession.
When someone has the wrong connections
Someone who has friends, roommates or family members involved in the drug trade could potentially be at elevated risk of enhanced charges after an arrest. Someone’s known social contacts or even their social media conduct could create a relationship linking them to those with known involvement in the drug trade. The stronger the relationship and the more direct communication there is between the defendant and others involved in the drug trade, the more likely the state is to believe that they may have intended to distribute drugs.
Someone who has been accused of possession with intent is at risk of very significant consequences. Learning about the state’s evidence and reviewing it with an attorney can help someone accused of a major drug offense plan a strategy to defend against those allegations at trial.