There are numerous criminal charges that Louisiana prosecutors can file against individuals because of drugs. Many people expect to face simple possession charges after an arrest. However, it is common practice for prosecutors to bring the harshest charges they can justify given the circumstances.
In some cases, defendants may find themselves facing possession with intent to distribute charges. Possession with intent is a felony offense, whereas simple possession can sometimes be a misdemeanor offense. Possession with intent also typically carries harsher penalties than simple possession.
When can the state justify bringing more serious charges because of an alleged possession offense?
Multiple factors influence charge severity
Prosecutors developing cases and police officers gathering evidence look at several factors when deciding how to classify drug-related criminal activity. Frequently, the prior record of the defendant is a major consideration. Those who have prior charges related to distribution are likely at enhanced risk of facing possession with intent charges.
The type of drugs that police officers find and the amount of drugs can influence the charges as well. A quantity of drugs that does not seem to be for personal use could lead to possession with intent to distribute charges. So could a variety of different drugs.
The state may also point to the presence of paraphernalia as an indicator that an individual intended to distribute the drugs in their possession. Scales, tools for handling drugs and packaging can raise questions about an individual’s intent. The possession of multiple consumption tools can also complicate the situation.
If police officers have gathered evidence of high levels of traffic in and out of an individual’s home or have established connections with others involved in drug trafficking, those secondary factors could influence the charges the state pursues. Even the presence of a large amount of cash can raise questions about someone’s activity with the drugs they possess. Anyone accused of possession with intent to distribute is at risk of major consequences.
Assessing the evidence – with the help of a skilled legal team – that the state is using to justify drug charges can help with the creation of a strong defense strategy. An attorney may be able to undermine the prosecutor’s case and reframe the situation in their client’s favor.
