How can they charge me with possession with intent to deliver when they only found a small amount of drugs on me or at my residence?
Being Charged with Intent to Deliver
The key distinction between a misdemeanor charge of possession and a felony charge of possession is based upon the possessor’s intent in how to dispose of the drugs. If the person possesses the drugs with the intent to personally use them, then the offense is a misdemeanor. However, if the person possesses the drugs with the intent to deliver them, then the person is charged with a felony drug charge. In order to prove a person’s intent, the district attorney generally must present circumstantial evidence. The district attorney will often present evidence of the presence of items associated with the delivery of drugs, such as scales, baggies, safes, owe sheets, and large quantities of cash. Evidence of relatively recent deliveries of drugs is also admissible to show that the person had the intent to deliver. The presence of a large quantity of a drug provides the district attorney with a stronger argument that the person would not have possessed such a large quantity for personal use. While the presence of a small amount of a drug gives the person a better argument that it was possessed for personal use, the absence of a large quantity does not mean that a person cannot be charged with possession with intent to deliver if other circumstantial evidence supports such a charge. The quantity of drug is simply one factor that is considered.
In State College, many possession with intent to deliver cases stem from the police executing warrants at a residence after having purchased drugs from a target. For example, a confidential informant buys drugs from the target at the target’s residence. Hours later, the police execute a warrant on the target’s residence and discover a relatively small amount of drugs, buy money from the earlier delivery, baggies, owes sheets, scales, and a safe. In such a scenario, the Centre County District Attorney is likely to recommend that the police file a possession with intent to deliver charge based upon the recent delivery and the presence of items indicative of drug dealing and not personal use.
It is important that you contact an experienced drug defense attorney if your residence is searched or you believe that you may be charged with possession with intent to deliver. State College criminal defense lawyer Jason S. Dunkle has extensive experience in handling drug cases such as possession with intent to deliver. Contact State College criminal defense attorney Jason S. Dunkle for a free consultation at (814) 954-7622 or (814) 954-7622 or via email.