How To Prove That You Didn't Intend To Sell Your Drugs
You should never take possession of a controlled substance unless you have a valid prescription. Possession of a controlled substance can include physically having the substance in your possession or keeping the substance in a location that only you have access to, such as your car. However, even if you are found to possess a controlled substance, you may be falsely accused of having the intent to distribute. You have the right to only be punished for the crime you actually committed, so you should work with an attorney to construct a case for why you didn't intend to distribute, which can have your charges reduced.
Possession vs. Possession with Intent to Distribute
To be charged with intent to distribute, it must be proven by the prosecutor that you intended to sell or give away the substance. To know this, the prosecutor makes an inference based on the surrounding circumstances in which you possessed the controlled substances.
Owning Large Quantities of a Controlled Substance
One reason you may be accused of having an intent to distribute is that you possess a large quantity of the substance. One defense is that the large possession of the controlled substance was the result of a lapse of judgment and that you actually intended to consume the controlled substance yourself. If you own the paraphernalia needed to abuse the substance, this could be used to argue that you intended to abuse the substance. Also, you may be accused of being a drug dealer because your drugs were in small, plastic bags. However, you could argue that you stored the drugs in the plastic bags for your own personal use.
False Accusations of Communication with Drug Customers
Another possibility is that you were communicating with other drug users and your communications were used as evidence that you intended to sell to these users. The users could have simply been friends and the intention of your communications may have been misunderstood. For instance, you might have used a slang word that was believed by prosecutors to be in relation to a drug sale, but the word might have an alternative interpretation. Also, the arresting officer may have misinterpreted a social gathering as a drug deal. The officer might have believed that you were exchanging drugs, but you were actually exchanging something else.
Drug defense attorneys can help you have your charges reduced by constructing a narrative that can help the jury understand what occurred when you were in possession of a controlled substance. Since such a conviction can lead to a lengthy jail sentence and will go on your criminal record, you should contact a drug defense attorney (such as Russ Jones Attorney At Law) immediately.