What’s the difference between being charged as a drug user or a drug distributer?
There is a significant difference between possessing illegal drugs and possessing illegal drugs with intent to distribute in the criminal justice system.
Possession with intent to distribute is usually a more serious crime possession of drugs.
Prosecutors have a lot of discretion in determining whether someone should be charged with simple possession of a controlled substance or possession with intent to distribute. In Nebraska, simple possession of methamphetamine or cocaine is a felony charge carrying a term of 0 to 2 years in prison, while possession with intent to distribute methamphetamine and cocaine starts off with a sentence of 1 to 50 years. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the individual will face federal charges. When it comes to the amount of drugs, the type of drug and the weight of it is important in determining the class of offense and the possible penalty.
What can I do about drug charges?
When defending these cases, the first step is to try to keep the evidence of the drugs out. Courts have rules that determine what evidence can be admitted at trial. If the drugs are not allowed at trial because they were found during an unlawful search or seizure by police the case may be dismissed prior to trial.
Illegal drugs are often found in persons’ homes or cars during a police search. Criminal defense attorneys will challenge the validity of the search.
Law enforcement may validly search a person’s property if the person give the police consent to search. An arrest based on invalid consent, such as consent obtained because the individual was coerced by law enforcement, may lead to search being suppressed and the evidence obtained during the search not being used as evidence at trial.
Another way evidence can be excluded is if an officer forgoes consent entirely, violating the fourth amendment right that protects against unreasonable searches and seizures. For example, if law enforcement searches a house without consent or without a search warrant, that evidence may not be admissible at trial unless it falls under one of the exceptions to the search warrant requirement.
While police officers generally do not need search warrants to search vehicles on public roads and highways, if the car is illegally stopped or searched without probable cause, the evidence must be suppressed.
For example, police on the interstate will pull over a car for a minor traffic violation – like following too closely – and search the vehicle. If the traffic violation is invalid or illegal, any evidence found may be suppressed. Even when the stop is valid, law enforcement do not have the right to search without consent or probably cause.
Law enforcement may also use drug dogs to establish probable cause. For example, assuming that the traffic stop is valid and the driver denied consent to search, the officer may detains the driver to utilize a drug dog to sniff around the vehicle. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. However, criminal defense attorneys often fight the government about whether the dog was adequately trained or whether the dog clearly indicated to the odor of narcotics in the vehicle.
The first step is always to determine if there is a way to fight the search to determine if the drugs can be kept out of trial. If this avenue is not successful, the next step may to raise reasonable doubt about the defendant’s knowledge of the drugs.
What if I didn’t know that the drugs were in the car?
Another way to fight possession with intent to distribute cases is to challenge whether the defendant knew about the substances found. In Nebraska, someone may be charged and convicted of intent to distribute drugs if they knew some type of illegal substances was included in their property or vehicle. The government must prove that the individual was aware they were transporting or possessing some sort of illegal substance; the government does not need to establish that the individual knew the exact type of substance.
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How do police decide if the person they arrest is a drug user or a drug dealer?
Finally, what is the amount of drugs necessary to qualify for an intent to distribute charge? Sometimes people are arrested with a small amount of drugs but also possess scales, baggies, and cell phones full of text messages about drug transactions. In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. In other instances, the issue is not whether the person possessed an unlawful controlled substance, but whether they possessed enough of it to be found in possession with intent to distribute when there are no scales, baggies, or incriminating text messages.
There is a big difference between simple possession of an illegal drug and possession with intent to distribute. A good criminal defense attorney knows that there are several ways to fight drug charges.
If you or a loved one has been charged with possession with intent to distribute, contact Berry Law.
