Being charged with intent to distribute a controlled substance is serious. You could be facing up to several years in prison, plus substantial fines and supervised release. The fact is, you cannot afford to fight these charges without having tenacious legal counsel by your side.
That’s where the Syracuse federal drug crimes defense attorneys of Carden Dotzler Hammond, PLLC are ready to serve you. Here we take a look at the most common defenses to intent to distribute charges and how we can seek the best possible outcome in your case.
What Is Intent to Distribute?
This federal charge generally involves the possession of a controlled substance with the intent to distribute it to other people. Even if the transfer never actually takes place, it’s the intent that matters. 21 U.S.C. § 841 is the primary federal statute that concerns this crime.
This law criminalizes several actions involving drugs, including not only distributing drugs but intending to distribute drugs. So even if an actual distribution has not taken place, a person can still be charged and potentially sentenced to a lengthy prison term.
To secure a conviction for intent to distribute, federal prosecutors in Syracuse have to prove these elements beyond a reasonable doubt:
- The defendant knowingly possessed a controlled substance
- The defendant knew the substance to be a controlled substance
- The defendant intended to distribute the substance to others
It may seem difficult to establish intent, but in practice this is often done by way of circumstantial evidence. For example, if there’s a large quantity of drugs, packaging materials (like baggies), scales, and large amounts of cash, it’s unlikely the possession is merely for personal use.
How Can I Defend Against This Charge?
Facing a federal charge of intent to distribute may seem daunting. But you do have the right to make a defense. Working with our dedicated Syracuse drug crimes defense lawyers, you may have one or more defenses you can raise, such as:
- Lack of knowledge: Knowledge is an integral part of two elements: possession of the controlled substance and knowing that it’s a controlled substance. Lack of knowledge of either one could defeat the charge.
- No possession: If the defendant did not possess the drugs, the government will be unable to prove its case. However, possession can be actual or constructive.
- No intent to distribute: This is where evidence such as the quantity and packaging of the drugs could be relevant. The defendant may be able to prove that the drugs were for personal use only with no intent to transfer them to others.
- Unlawful search and seizure: Law enforcement officials must adhere to constitutional requirements when conducting searches and seizures. If the search or seizure was unconstitutional, it may be possible to suppress the evidence.
- Entrapment: Entrapment means the government induced someone to do something they would otherwise not have done. It’s more than simply providing an opportunity for someone to commit a crime. Talk to a skilled Syracuse federal criminal defense attorney to see if this defense may work.
- Lack of evidence: The government must prove its case with strong evidence; more specifically, it must prove its case beyond a reasonable doubt. Your lawyer may be able to suppress or successfully challenge the government’s evidence and defeat its case.
Charged With Intent to Distribute? It’s Time to Fight Back
Federal prosecutors and judges take drug crimes seriously. If you’re facing a charge of intent to distribute or something similar, there is simply too much on the line to forgo competent legal counsel. It’s time to get serious about defending yourself.
The best decision you can make right now is to hire an experienced law firm. CDH Law is ready to investigate the circumstances of your charge and then get to work on your defense. Give us a call or complete our online contact form to get started.