Drug-related charges are more serious when you are charged with the intent to distribute than when you are charged with mere possession. While some drugs are illegal to possess in any amount, an intent-to-distribute charge can still lead to more severe consequences.
But how do the police determine if you had the intent to distribute? After all, you have the right to remain silent, so you don’t have to incriminate yourself by admitting you intended to sell the drugs. If they didn’t catch you in the act—such as through an undercover officer—how can they show that you planned to sell them and that this isn’t just a possession charge?
Circumstantial evidence
These cases often revolve around circumstantial evidence that suggests intent to sell.
For example, the police may examine your cellphone if they obtain a warrant. If they find messages from others communicating with you as potential buyers, they can use that evidence. Another example is if they find drug paraphernalia. If you have baggies and a small scale, the police may believe you were weighing out amounts to sell.
Additionally, they will often consider the quantity of the substance you had. If you had a small baggie of cocaine in your jacket pocket, it may be illegal, but it’s likely just for personal use. If they find bricks of cocaine in your car’s trunk, it’s too much for personal use, so they may assume you intended to sell.
Circumstantial evidence can make these cases complex, so be sure you understand all the legal defense options available to you.