What Factors Can Elevate a Drug Possession Charge to Drug Distribution?

 Posted on September 23, 2022 in Drug Crimes

Criminal penalties for drug distribution or selling drugs are usually much more severe than mere possession. If you or a loved one were accused of drug dealing, drug manufacturing, drug distribution, or possession with intent to deliver, secure legal counsel immediately. An experienced criminal defense lawyer can help you understand what you are up against and begin building a strong defense against the charges.

Accusations of Selling Drugs

In order to be convicted of selling drugs, the prosecution must prove that you:

• Intended to sell or distribute the drug, and
• Actually sold or distributed the drug

The prosecutor does not need to show that you profited from the sale or distribution in order to secure a conviction. In fact, simply giving away drugs can result in a drug distribution conviction.

The type of drug you are accused of selling is also important. Selling harder drugs, like heroin or cocaine, will usually result in more serious charges than selling marijuana, for example. The amount of drugs involved is another important factor. Generally, the more drugs involved, the harsher the penalties will be.

Factors That Can Lead to Drug Dealing Charges

You may be charged with drug distribution if you are caught with a large quantity of drugs, even if you did not intend to sell them. The following are some factors that can lead to drug distribution charges:

• A large quantity of drugs - The prosecutor may argue that the amount of drugs in your possession is too great for personal use, indicating an intent to distribute.
• Drugs packaged for sale - If drugs are found in small bags or other packaging typically used for selling drugs, this may be considered evidence of drug dealing.
• Large amounts of cash - Having a large amount of cash on hand, especially if it is in small denominations, may be considered proof that you intended to sell drugs.
• Drug paraphernalia - Items such as scales, baggies, and lists of names may be considered evidence of drug dealing.

What to Do Next

Anyone facing drug distribution charges should take immediate action to protect their rights. Remember that criminal defendants have rights protected by the constitution. Anyone accused of a crime has the right to remain silent and the right to an attorney. They should avoid talking to the police without their lawyer present. 

Contact an Elgin Drug Crime Defense Lawyer

Aurora criminal defense lawyer Brian Mirandola can help you if you have been accused of drug distribution or any other drug crime. He has experience handling all types of drug cases, from possession to manufacturing and distribution. He will work tirelessly to defend your rights and freedom. Call 847-488-0889 for a free consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K401