Texas has numerous strict statutes that criminalize socially unacceptable and dangerous behavior. Controlled substance laws aim to protect the public from the impact of drugs that can prove addictive or that are dangerous for people to use without medical supervision. Many people get arrested and charged with crimes simply for possessing certain drugs.
While cultural attitudes about drug use have changed in reason years, Texas maintains a relatively strict stance on the issue. People may find themselves prosecuted if they get caught in possession of drugs, including substances that are legal in other states. They may expect to face basic possession charges, but that isn’t always what happens.
In some cases, prosecutors file the harshest charges they can against someone accused of breaking Texas law. For example, prosecutors might upgrade possession charges to possession with intent to distribute allegations. What might inspire those harsher charges?
Small details can make a major difference in criminal cases
Prosecutors generally seek to bring the most serious charges possible based on the available evidence. Sometimes, that means pursuing a felony charge instead of a misdemeanor or filing multiple charges for a single incident.
Numerous factors can contribute to upgraded drug possession charges. While drug possession can be a felony offense, possession with intent is always a felony. Sometimes, a greater amount of drugs found in someone’s possession can be the underlying cause of a possession with intent to distribute charge.
People caught with usually high amounts of drugs may not be able to convince the courts that what they had was for personal use.
Other times, connections to drug trafficking might lead to upgraded charges. Perhaps someone is friends with an individual involved in the drug trade. Maybe they have a prior conviction for drug trafficking or distribution. Maybe they have paraphernalia that looks like they intend to weigh and repackage the drugs in their possessions. These factors and other details can lead to prosecutors pursuing possession with intent charges.
With all of this said, more serious charges require more evidence to prove beyond a reasonable doubt that someone intended to distribute the drugs to others. Looking over the state’s evidence with a skilled attorney can help people accused of possession with intent find ways to defend against criminal allegations. Those who understand the justification for serious criminal charges may have a better chance of mounting a viable defense.