What Are Defenses for Intent to Distribute Drug Charges?

 Posted on September 20, 2023 in Criminal Law

There are a few defenses available to someone who may be facing intent to distribute drug charges in Texas. These defenses include lack of intent, entrapment, and illegal search and seizure.

Drug charges in Texas are very serious. It is important to speak with an experienced criminal defense attorney when facing such charges. Ensure that you consult with an attorney who can help you understand the charges against you and come up with a suitable defense strategy.

What is Possession with Intent to Distribute?

Possession with intent to distribute is a charge under the Texas Controlled Substances Act, which prohibits the possession, manufacture, or distribution of controlled substances. To be convicted of possession with intent to distribute, the prosecutor must prove that you knowingly possessed a controlled substance with the intent to distribute it.

Lack of Intent

The prosecution must prove that you had the intent to distribute drugs. Proving intent to distribute is a high bar for prosecutors to clear. A good defense attorney can use this to their advantage by finding any weaknesses in the prosecutor's case and using them to create reasonable doubt in the minds of the jurors. If you can show that you did not intend to distribute the drugs, then you may be able to avoid a conviction.

Entrapment

Law enforcement officials are allowed to set up sting operations to catch criminals. However, entrapment occurs when the officers or informants coerce a suspect into committing a crime that they would not have committed otherwise.

For example, if an undercover officer asks to buy drugs from a suspect, and the suspect agrees, this is not necessarily entrapment. However, if the officer continues to pressure the suspect to sell the drugs, or if the officer threatens to arrest the suspect if they do not sell the drugs, then this could be considered entrapment. If you were entrapped by the police, then you may be able to have your charges dismissed.

Illegal Search and Seizure

If the drugs were obtained as a result of an illegal search and seizure, then the evidence may be suppressed. This means that the prosecution cannot use the evidence against you at trial.

Search and seizure challenges are common in drug possession defense cases. For example, if the police find drugs in your car during a traffic stop, you may be able to challenge the search if the police do not have a warrant or probable cause.

There are a few exceptions to the warrant requirement. One exception is if the police have a plain view of the drugs. This means that the drugs are visible to the police without any further searching. For example, if the police are conducting a legal traffic stop and they see drugs on the dashboard of your car, they may be able to seize the drugs without a warrant.

If the police conduct an illegal search, the court will often exclude the evidence that they find at trial. This is because the exclusionary rule prohibits the use of evidence that was obtained in violation of the Fourth Amendment.

Contact a Dallas, TX Criminal Defense Attorney

Facing drug charges in Texas can have dire consequences. Legal representation is a necessity for the best possible outcome. The Law Office of Michelle Poblenz is a Tarrant County, TX drug crimes defense lawyer with over 25 years of experience. Learn more about your legal options and how to defend your rights by dialing 469-845-3031 right now.