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What Is Possession With Intent to Deliver?

The Law Firm of Andrea M. Kolski

Did you know that there are over 150,000 people in prison in the state of Texas as of 2022? Texas has some of the highest incarceration and conviction rates in the nation. It’s a tough system that can be especially brutal for those without experienced legal representation.

With some of the strictest drug laws in the nation, Texas jails are filled with people who thought they could beat their drug charges. If you’ve found yourself facing possession charges like these, it’s crucial to understand the nuances of what you’re facing.

Possession with intent to deliver is a common charge in Texas drug courts. In this article, we’ll take a deeper look into possession with intent to deliver, what it means, and what to do when facing charges.

What Is Possession With Intent to Deliver?

This charge is also known as “PWID.” Law enforcement uses it when someone is found to be in possession of an illegal substance with the intention of selling or distributing it to others.

This is different from simple possession. This charge only requires that the individual has the drug in their possession. So, it doesn’t necessarily need to involve selling it.

In order to be convicted of possession with intent to deliver, the prosecution must be able to prove that you not only had the drug in your possession but that you also intended to sell or distribute it.

This can be proven in a number of ways. Common methods include text messages or social media posts related to selling drugs. Witness testimony is also an option.

What Are Common Scenarios Involving This Charge?

There are a few different ways that someone might find themselves facing this charge.

For example, if you’re caught with a large number of drugs on your person, the authorities may assume that you were planning to sell them and thus charge you with possession with intent to deliver.

Or, let’s say that someone you know offers to sell you drugs. Even if you don’t end up buying the drugs, the other person could be charged with possession with intent to deliver based on the fact that they were trying to sell them to you.

Unfortunately, there are even situations where you may face possession with intent to deliver even if you didn’t mean to break the law. For instance, if you were given a package that you didn’t know contained drugs and the police caught you with it, you could still be charged with this crime.

What Are the Penalties for This Charge in Texas?

The penalties for possession with intent to deliver will depend on the type of drug involved as well as the amount. For example, possession of marijuana with intent to deliver is a felony punishable by up to two years in prison and a fine of up to $10,000.

Possession of cocaine with intent to deliver, on the other hand, is a first-degree felony punishable by 5-99 years in prison and a fine of up to $10,000. There may or may not be additional complications depending on the details of your case.

How Can I Manage These Charges?

Like other drug offenses in Texas, the penalties for this charge can be quite severe. The consequences can be life-altering so it’s nothing to take lightly.

You have a constitutional right to a court appointed attorney. But, that doesn’t mean it’s a good idea to count on them for your defense. Public defenders are often overworked and juggling dozens, if not hundreds, of cases at any given time. They are also under intense pressure to get cases done quickly. It’s virtually impossible for them to dedicate the time and energy needed to give you the best defense. Plus, they work for the state like the judges and prosecutors and are unlikely to ruffle feathers amongst their fellow peers. They may have good intentions but the sheer volume of cases make it extremely hard for them to represent you like an experienced lawyer you’ve hired yourself.

It’s important to understand what you’re facing and to speak with an experienced criminal defense attorney if you’ve been charged with possession with intent to deliver. An attorney can help you to understand the charges against you and will work tirelessly to build a strong defense on your behalf.

With the right legal representation, you may be able to have the charges against you reduced or even dismissed altogether.

How Do I Find the Right Criminal Defense Attorney?

If you’re facing charges of possession with intent to deliver, the best thing you can do is to reach out to an experienced criminal defense attorney who understands the ins and outs of Texas law.

They should be able to provide you with the guidance and support you need to navigate the legal process and protect your rights. It’s also worth checking their online reputation and reviews to get an idea of what other clients have said about working with them. Be sure to ask whether or not your potential attorney will handle your case or if they will delegate it to someone else in their firm.

Otherwise, you may not be able to get the best results.

What Are Some Common Defense Strategies for This Charge?

Every case is unique but there are a few strategies that are commonly employed by experienced criminal defense attorney to defend against charges of possession with intent to deliver.

One strategy is to argue that the prosecution doesn’t have enough evidence. The state must prove that you actually intended to sell or distribute the drugs. This can be difficult if there are circumstances that question that intent such as arguing that the drugs were for personal use and not for sale.

This can be a tricky argument to make, but if you have evidence that the drugs were for personal use (such as prescription medication), an experienced drug lawyer may explore this option. Depending on your case, your attorney may suggest negotiating a plea deal with the prosecution. Often this involves pleading guilty to a lesser charge in exchange for a lighter sentence or community service.

Working with an experienced lawyer will help you come up with the best strategy for your situation.

It’s worth noting that Texas has the highest incarceration rate for drug possession. The system is, by its nature, designed to convict the accused. Those who don’t hire an experienced attorney are much less likely to reach an outcome in their favor.

The same can also be said about working with an attorney who has previous experience as a prosecutor. This will allow them to manage your case much more effectively.

Possession With Intent to Deliver Shouldn’t Be Taken Lightly

Don’t risk your future by trying to navigate these charges on your own. Speak with an experienced criminal defense attorney today to discuss your possession with intent to deliver charge and to begin building a strong defense.

Drug attorney Andrea M. Kolski is a former Texas prosecutor with over 20 years experience defending those facing drug charges. Highly respected by her peers, she has a track record of success that is second to none. With the right legal representation, you may be able to have the charges against you reduced or even dismissed altogether. Feel free to contact drug attorney Andrea M. Kolski to discuss your case and start your defense today.

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