The entire “War on Drugs” in America, ineffective as it has been, is premised on the notion that those who sell drugs deserve the toughest penalties.
Of course, as we have seen, again and again, police routinely target low-level users instead. Often, those are the very people who are painted as supposed “drug dealers.”
This is especially common in the case of possession with intent to distribute, a crime that falls in between simple possession and drug trafficking.
In “intent to distribute” cases, the government determines your purported intention to sell drugs based on a single inference. That inference might be from the type of drug, the quantity of the substance, or almost any other fact that police find unusual once they start poking around in your personal life.
The extent to which unfair prosecutions happen in cases involving possession with intent to distribute can’t be overstated. These are some of the most wildly unfair prosecutions in our state (as well as in the federal system), and those who stand accused have only one sufficient line of recourse: Hire an excellent lawyer.
If you have been arrested on charges of possession with intent to distribute in Texas, you should contact the aggressive Dallas drug crime lawyers at The Oberheiden, P.C. right away.
We understand these charges, and we also understand how a simple misunderstanding or a single mistake can suddenly spiral into a nightmare. Don’t be afraid. These charges are very serious, but you don’t have to face them alone.
Our Dallas drug crime lawyers are prepared to fight for your freedom. We will aggressively challenge each and every allegation made against you, as well as the evidence that the government attempts to muster in support of its claims.
Oberheiden, P.C. has successfully represented many people charged with drug possession in Texas often getting the charges dropped altogether. We believe that we can make a real difference in your case, too. Call us today.
Possession with Intent to Distribute in Texas: What the State Must Prove
In any possession with intent to distribute case in Texas, the burden is on the state to prove each of the following elements beyond a reasonable doubt:
- You exercised custody, control, management, or care over the substance; and
- You intended to distribute (e.g., give, sell) the substance to someone else; and
- You knew that the substance in your possession was a controlled substance (e.g., heroin, cocaine, ecstasy, methamphetamine, etc.).
Facts Inferring Intent to Distribute
Police and prosecutors are eager to find any facts they can claim to “prove” your intention to distribute the drugs. Those factors might include:
- The amount / weight of the substance
- The purity of the substance
- The way in which the substance is packaged
- Large amounts of cash
- Frequent phone calls or text messages with alleged customers
- The location at which the accused is arrested
- The presence of drug paraphernalia
- The accused person’s history with drugs
- And more
Of course, these assumptions are often just that wild assumptions that distort the reality of the situation. Prosecutors are not mind readers, and they frequently make reckless assumptions when they attempt to explain what they don’t understand. Our Dallas drug crime lawyers are ready to aggressively challenge those assumptions with the full force of the law.
We Work with Former Insiders & Witnesses
Oberheiden, P.C. is proud to work directly with former government insiders, witnesses, and experienced legal professionals in mounting a full-fledged and comprehensive defense for our clients.
Our resource team includes:
- Former federal prosecutors
- Former FBI special agents
- Forensic accounts
- Experienced Dallas drug crime lawyers
- And more
We will do what it takes to build the very best legal defense for our clients. Your freedom is our goal!
Free Consultation with Our Dallas Drug Crime Lawyers
If you’re up against drug possession or intent to distribute charges in Texas or at the federal level you must understand that the government enjoys numerous advantages against you. Right now, they are actively working to achieve the harshest possible sentence against you, whether you deserve it or not. That’s their idea of the “War on Drugs.”
Let us help.
We understand these charges, and we know how to defend you against them. Our goal is to achieve the best possible outcome in your case, with an eye on an outright dismissal of the charges.
Please call Oberheiden, P.C. at 1-888-727-0472 or contact us online and ask for a free consultation right away.
Dr. Nick Oberheiden is a national litigation and trial criminal defense attorney who practices exclusively in the area of federal law.