Defenses Against Possession of Drugs with Intent to Deliver

smokingmarijuanaanddrugpossessionDrug possession with intent to deliver charges are taken very seriously in Texas, and depending on the evidence, you may be facing up to 99 years in prison, in addition to the loss of your license, ineligibility for federal student aid and massive fines.

Courts may consider any or all of the following when deciding whether to convict on charges of possession with intent to deliver:

  • The amount of contraband in the defendant’s possession
  • Possession of large amounts of case
  • Defendant’s history of drug use
  • Where the defendant was arrested
  • Possession of Drug paraphernalia
  • Manner of drug packaging

How Do Courts Prove Possession with Intent to Deliver?

The burden of proof in these kinds of cases requires that the prosecution prove that you:

  1. Exercised control over the drugs
  2. Intended to deliver the drugs to another party
  3. Knew the substance was illegal

There are several viable defenses against possession with intent to deliver charges. First, it must be proven that the defendant was in possession of the drugs, but in some cases, the defendant is in possession of drugs unwittingly. Say, for example, a friend lends you his backpack without telling you there’s a bag full of ecstasy inside. Or, police search your apartment and find a brick of cocaine that you were not aware were there. Unwitting possession can outright derail charges of possession with intent to deliver.

As far as intent to deliver, a possible defense is that the drugs were not intended for sale but instead for personal use. While still illegal, drug possession for personal use often carries much less severe penalties and may allow the defendant to attend rehabilitation or drug education in lieu of jail time.

If you are facing drug possession charges in the Dallas-Fort Worth Metroplex, our law firm can help you.


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