San Antonio Drug Possession Lawyer: Why was I charged with intent to deliver or manufacture?
Being charged with intent to deliver or manufacture a controlled
substance is a serious offense in San Antonio, Texas and the surrounding communities. It is important to understand the different aspects of drug possession, the various penalty groups in Texas, and what constitutes the intent to deliver or manufacture. In this blog post, we will explore these topics in detail and provide information on the factors that police look for to conclude that drugs were possessed for the purpose of delivery instead of for personal use.
Possession of a Controlled Substance:
In Texas, drug possession is a serious offense, and it is important to understand the different categories of controlled substances. Texas has many different penalty groups, with each group having its own set of punishments. Penalties for possession can range from a misdemeanor to a felony depending on the amount and type of controlled substance.
Penalty Groups in Texas:
The penalty groups in Texas are classified as follows:
Penalty Group 1 - includes drugs such as cocaine, methamphetamine, ketamine, oxycodone, methodone and heroin.
Penalty Group 1-A - includes drugs such as lysergic acid diethylamide (LSD) and other hallucinogens.
Penalty Group 1-B - includes fentanyl, alpha-methylfentanyl, and any other derivative of fentanyl.
Penalty Group 2 - includes drugs such as Ecstasy and other synthetic drugs.
Penalty Group 2-A - includes derivatives of cannabinol.
Penalty Group 3 - includes many benzodiazepines and sedatives including drugs such as Valium, hydrocodone, and Xanax.
Penalty Group 4 - includes drugs such as Darvocet, morphine, and other prescription medications.
Intent to Deliver or Manufacture:
If you have been charged with intent to deliver or manufacture, it means that law enforcement believes you intended to sell or distribute the drugs in your possession. Intent to deliver or manufacture can be difficult to prove, and police officers must rely on various factors to make this determination.
Factors Police Look for to Conclude That Drugs Were Possessed for the Purchase of Delivery Instead of for Personal Use:
Police officers look for several factors when trying to determine whether a person possessed drugs for personal use or for distribution. These factors may include:
Police officers may use the quantity of drugs found in an individual's possession as evidence of intent to deliver or manufacture. This is because larger quantities of drugs are often associated with drug trafficking and distribution, whereas smaller quantities may be more indicative of personal use.
Drug dealers typically purchase and transport large quantities of drugs for distribution, which allows them to sell in bulk and make a profit. On the other hand, individuals who use drugs recreationally may only purchase small amounts for personal use.
When a police officer discovers a large quantity of drugs in an individual's possession, they may assume that the drugs were intended for distribution rather than personal use. This assumption is based on the belief that an individual who is using drugs for personal use would not need such a large amount.
Packaging or Storage:
The manner in which drugs are packaged or stored is another factor that police officers may consider when determining whether an individual is possessing drugs for personal use or distribution. This is because drug dealers typically package and store drugs in a particular way to facilitate their distribution and sale.
For example, drug dealers may use small baggies or other small containers to portion out drugs for sale. These containers may be easily concealed and transported, making it easier for drug dealers to sell drugs on the street. Additionally, drug dealers may use specific markings or labels on the packaging to identify the type and quality of the drug, as well as the price.
In contrast, individuals who use drugs for personal use may not package or store drugs in the same way as drug dealers. For example, they may use larger containers or resealable bags to store their drugs, rather than small baggies. They may also not use any identifying markings or labels on the packaging, as they do not intend to sell the drugs to others.
The presence of scales or other paraphernalia used for weighing or measuring drugs is another factor that police officers may consider when determining whether an individual is possessing drugs for personal use or distribution. This is because drug dealers often use scales or other measuring devices to ensure that they are selling the correct amount of drugs and to maximize their profits.
For example, drug dealers may use a digital scale to weigh out specific quantities of drugs to sell, or they may use measuring spoons or other devices to portion out drugs into smaller amounts. Additionally, drug dealers may use cutting agents or other substances to stretch the drugs and increase their profit margins.
In contrast, individuals who use drugs for personal use may not use scales or other measuring devices to portion out their drugs, as they are not concerned with selling the drugs or maximizing profits. They may simply use eye-balling to estimate the appropriate amount of drugs to use for their personal consumption.
The amount of cash found in the possession of an individual is another factor that police officers may consider when determining whether someone is possessing drugs for personal use or distribution. This is because drug dealers often carry large sums of cash as a result of drug sales.
Drug dealers may carry cash to purchase additional drugs, to pay off drug suppliers, or to purchase other items related to drug trafficking. The amount of cash found in their possession can provide insight into the scale of their drug operations.
In contrast, individuals who use drugs for personal use typically do not carry large sums of cash. They may use their personal funds to purchase drugs or may purchase them on credit from a dealer. As a result, the presence of a large amount of cash may suggest that the individual is involved in drug trafficking rather than drug use.
It is important to remember that police officers may use these factors as evidence of intent to deliver or manufacture, but they may not be enough to secure a conviction. A skilled criminal defense attorney can challenge the evidence presented by the prosecution and fight to protect your rights and freedom.
Defenses to Intent to Deliver or Manufacture
Being charged with intent to deliver or manufacture a controlled substance can carry severe consequences, including substantial fines and imprisonment. However, it is important to know that there are several defenses available to those facing these charges. Here are some of the most common defenses to intent to deliver or manufacture charges:
Lack of intent: To be convicted of intent to deliver or manufacture, the prosecution must prove beyond a reasonable doubt that you had the intent to sell or distribute the drugs. A defense attorney can challenge the prosecution's evidence and argue that there was no intent to distribute the drugs.
Unlawful search and seizure: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If the police conducted an illegal search or seizure of your property, any evidence obtained may be inadmissible in court, which could result in a dismissal of charges.
Entrapment: Entrapment occurs when law enforcement induces or persuades an individual to commit a crime they would not have committed otherwise. If an individual can prove that law enforcement acted improperly or used undue pressure to force them to commit the crime, they may have a strong entrapment defense.
Lack of knowledge: If an individual was unaware that the drugs were in their possession, they may have a viable defense. For example, if someone borrows a car and drugs are found in the glove compartment, they may be able to argue that they had no knowledge of the drugs.
If you have been charged with intent to deliver or manufacture a controlled substance, it is important to take the charges seriously and seek the guidance of an experienced criminal defense attorney. At Thornton Criminal Defense, we understand the complexities of drug possession and can help you navigate the legal process. Contact us at 210-439-5627 for a free consultation today.