Possession with Intent to Distribute
Have You Been Arrested for Possession with Intent in Plano, Texas?
Texas has a complex method of assigning penalty to illegal
drug possession convictions. The Texas Health and Safety Code has five separate groups
that specify individual drugs and assign a sliding scale penalty calculation
based on amounts. Marijuana is treated separately, making a total of six
categories. Punishment is based on the class of crime determined by the
type and amount of drug, and range in classification from class C misdemeanors
to 1st degree felonies. Also, the penalties for convictions of these crimes
range from community service to serious jail time.
There are enhanced penalties that can be imposed by the court for drug
offenses committed in certain areas, called drug free zones. There are
also enhanced penalties for possession with intent to distribute. Being
charged with possession in a drug free zone can result in a conviction
of possession with intent to deliver. Drug free zones are schools, arcades,
day care centers, etc.
It does not make any difference to the prosecutor whether or not you were
aware that you were near a school or other drug free zone. This is a serious
matter that must be addressed with a high level of professional legal
skill if you hope to avoid consequences such as a felony conviction for
possession of a very small amount of a controlled substance.
Possession with Intent vs. Simple Possession
Many times a prosecutor will use highly circumstantial factors when deciding
to charge someone with intent to distribute. Sometimes a person can be
charged because of the amount of drugs found in that person's possession
or on that person's property. Other times, items such as scales, plastic
bags, weapons, or cash could be factors. Since law enforcement officials
are often especially eager to prosecute drug crimes, it's especially
important to seek representation early in the
criminal process for drug crimes.
Depending on the quantity and type of controlled substance, a conviction
for felony possession with intent to distribute charges means that you
could be facing years in prison with hefty fines and a possible felony
conviction on your record. A felony conviction on your record could haunt
you for years and could limit your employment opportunities long after
you serve your jail time.
Plano Drug Crime Defense Lawyer: Get Help Now
Possession with intent charges are serious situations and require a well-crafted,
energetic defense for success. A felony record will follow you for the
rest of your life. If you are charged with possession with intent, call
It takes very little to increase a simple possession charge to a possession
with intent charge - it can be based simply on the location where the
arrest occurred. The amount of the drugs alleged to have been in your
possession will impact the level of the charge against you. For example,
in one penalty group having 2 grams of cocaine rather than 1 gram of cocaine
will result in being penalized far more severely.
The amount of the controlled substance is the most significant factor in
the state's allegation that you had the intent to sell the drug, but
the presence of other evidence may also be taken into consideration. For
example, evidence of drug paraphernalia such as scales, cash, wrapping
materials and other similar items will support the prosecutor's case
that you intended to sell the drug.
Our attorneys at The Zendeh Del Law Firm, PLLC are well versed in criminal law
and highly experienced in presenting a well-supported and compelling defense
case for clients facing charges of possession with intent. Timing can
be a very important issue in felony charges, and it is essential that
we get involved in your defense as early as possible - prior to formal
charges being filed, when possible.
Contact us immediately to arrange an appointment so that we can move into action for you.