If you have been arrested for drug crimes in Kansas City, what you are charged with depends on several key factors. What substance was involved, how much is in your possession, and other evidence found at the time of your arrest can all make a difference in the outcome of your case.
Drug crime cases can vary greatly depending on the charges. Intent to distribute is treated differently than simple possession. If you are facing Kansas City drug charges, contact the law firm of Joseph, Hollander & Craft. Our defense attorneys can advise you about potential penalties and create a legal strategy that is custom tailored to the facts involved in your drug case.
Christopher (Chris) Joseph represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts and in complex civil litigation. Chris leads the firm’s criminal defense, asset forfeiture, and judicial discipline practice groups. As JHC’s Managing Member, Chris embodies the firm’s motto: Ready for Anything.
Drug Possession vs. Intent to Distribute: Key Differences
Not all drug crimes are the same. Drug possession is knowingly having illegal substances that are purely for personal use. For instance, being charged with marijuana possession might look like having one or two marijuana rolled cigarettes or a small amount of the flower and papers in your purse or car. On the other hand, intent to distribute is more serious. Intent to distribute means that the prosecution plans to charge you for having drugs with the goal of selling or delivering these controlled substances to others.
Drug distribution can quickly escalate to more serious felony charges. You may be facing mandatory minimum sentences if convicted for intent to distribute.
How Prosecutors Determine Whether Drugs Were Intended for Personal Use or Distribution
In many cases, the amount of drugs discovered is the main factor involved in the charge. A drug bust for an amount of controlled substances that one person could not reasonably be expected to ingest often leads to distribution charges. Another element may be how the drugs are packaged. Multiple, individually bagged or parceled out amounts of drugs may look like distribution, rather than personal use.
Other Evidence That May Lead to Intent to Distribute Charges
Oftentimes, circumstantial evidence is involved in determining what drug charges are brought in a specific case. Other than the amount of controlled substance found, some factors that can lead to drug trafficking charges can include:
- Presence of drug paraphernalia, like clear bags, scales, cutting tools, and more.
- Text messages and communications setting meeting times or prices.
- Large amounts of cash on hand.
- Presence of firearms.
- Location of the drugs.
- Prior criminal history.
Can You Be Charged With Intent to Distribute Even If You Never Sold Drugs?
Yes, you can be charged with intent to distribute even without a completed sale of drugs. Intent to distribute is a nuanced area of criminal law that does not require that the actual act be completed in order to be charged. Amassing a quantity of most controlled substances with the aim of selling or distributing them is taken just as seriously as having actually sold drugs.
What Happens If Federal Authorities Get Involved?
State violations already incur severe penalties for drug convictions, but federal courts can impose even more serious consequences such as up to $10 million in fines and life in federal prison. Federal drug charges are especially likely when circumstances involve large amounts of drugs such as fentanyl, methamphetamine, or cocaine.
Defending Against Intent to Distribute Charges in Kansas City
Fighting back against drug offenses usually involves building a tailored defense strategy that protects your liberty and prioritizes your best outcome. Depending on the facts of your case as well as your own prior history, a Kansas City drug defense attorney may attempt to:
- Argue that the case for intent to distribute involves weak evidence, stereotypes, or assumptions.
- Suppress certain evidence from being included in your trial.
- Push for you to receive reduced charges.
- Negotiate a plea deal.
- Advocate for you to attend one of the state’s diversion programs or probation.
What to Do If You’re Arrested for Drugs
If you have been arrested for illegal substances in Kansas City, take the following steps:
- Use your right to remain silent.
- Do not consent to a search.
- Request a lawyer. Tell the officers clearly that you want to speak to an attorney.
- Bring all of the information involved to a Kansas City defense lawyer.
Speak With a Kansas City Drug Defense Attorney
If you are facing drug possession charges in Kansas City, you need help from an experienced criminal defense attorney. A drug possession lawyer brought onto the case early can take steps to contain the matter wherever possible. They may be able to prevent criminal charges from being considered as intent to distribute, or deescalate federal involvement. Contact a drug possession lawyer at Joseph, Hollander & Craft as soon as possible to get started.
