Aggressive Representation

How can a possession charge be escalated to ‘intent to sell?’

On Behalf of | Apr 2, 2024 | Criminal Defense |

An arrest conducted by Louisiana police officers can lead to a host of different outcomes. Sometimes, police officers arrest someone and then identify another party as the individual at fault for a criminal incident. Other times, prosecutors may determine that there isn’t enough evidence to bring any significant charges against that person.

Many times, prosecutors might look at the evidence and try to bring the most severe charges possible. Sometimes, this habit involves bringing multiple different charges against someone. Other times, Louisiana prosecutors simply attempt to pursue the harshest charge possible. For someone arrested for drug possession, the state’s decision to upgrade the charges to possession with intent to sell could have major implications. When might a prosecutor make that decision?

When the circumstances support the allegations

There are many different scenarios in which Louisiana police officers and prosecutors might think that someone has a connection to drug trafficking. Maybe they have a lot of money or personal property with no legitimate stream of income to justify those resources. Perhaps they have relationships with people who have a known association with drug trafficking in the area. Even someone’s behavior on the internet might lead to police officers and prosecutors suspecting that they have acquired drugs with the intention of selling them or have previously sold drugs to others.

Other times, it might be the actual items that state lawmakers find in someone’s possession that raise questions about whether they may have intended to traffic the drugs. A large volume of drugs, an unusual assortment of different drugs or paraphernalia likely used to weigh and repackage drugs are all examples of items that could turn up during an arrest and raise questions about someone’s potential involvement in drug trafficking.

Anytime that prosecutors can use seemingly minor or circumstantial evidence to bring more serious charges against someone, they may make use of that opportunity. Louisiana possession with intent charges are often felony offenses, and the penalties could be much more significant than the punishments imposed for a basic possession offense involving the same drugs.

As such, individuals accused of possession with intent often need to prepare very carefully to take their issue to court. Learning more about what may worsen charges could benefit those recently arrested for a Louisiana drug offense.