When a Simple Possession Charge Turns Into Intent to Distribute in Gwinnett County

Were you surprised when you got arrested in Gwinnett County for drugs and found out that what you thought was a simple possession charge had now been filed as an intent to distribute? For many defendants, this is the first indication that the drug charge they face is going to be a felony, and the possible penalties are going to be much more serious.

Intent-to-distribute charges have become much more common in recent years. The reasons for this are not always clear to defendants, but this is one of the most important drug charges to understand because it dramatically alters the potential consequences of your case.

Intent to Distribute Explained 

Possession vs. Intent to Distribute 

Possession is generally defined by the law as the drugs being possessed for the purpose of personal consumption. Intent to distribute charges are brought when it is alleged that the drugs were for the purpose of being sold, transferred, or given away to other people.

Intent is the deciding factor here. There does not need to be an actual sale or admission that drugs are to be sold for the intent to distribute charges to stick. The State of Georgia has developed a number of theories that possession of drugs is presumed to be for distribution.

The Amount of Drugs You Possess Can Lead to Intent to Distribute Charges

Possession amounts that are larger than what is deemed necessary for personal use are the most common way that possession is escalated to an intent to distribute a case. Although there is no actual law that says a certain amount of a drug is considered possession and a larger amount is an intent to distribute, the State of Georgia has offered guidelines in the past that try to outline the amount of drugs considered for personal use. 

The reality is that much of what is considered “personal use” is at the officer’s discretion. Heavy drug users, people with medical conditions, and even college students who split drugs with roommates are at risk of having large amounts of drugs found, which could lead to an intent to distribute the case.

Packaging Can Be Used Against You 

Drug packaging, or how the drugs are divided or contained, has also become a means to try to increase the severity of the drug charges. Consider these common examples that officers in Gwinnett County may use to show intent:

• Drugs in multiple baggies or small containers 
• Separate packaging for each set amount 
• Pills or powder outside of the original container 

All of these things may make it look like the drugs were pre-packaged for distribution, even if they were not. The explanations of why the drugs are packaged that way will not matter to the State of Georgia initially unless evidence to support them is shown by the defense.

Officers and the prosecution will use anything in your possession that could give the appearance of being involved in a distribution operation. This includes items such as cash, digital scales, multiple cell phones, text messages about drugs, and more.

Location Used Against You 

The location of the drugs can also be a contributing factor to the State of Georgia in filing an intent to distribute a case. Drugs in a car or an area that is easily accessible by multiple people is an easy one. There are also designated areas, such as near schools, parks, and other facilities, that, if the drugs are located nearby, could be used to file an intent to distribute case.

The Statements You Make 

Statements made at the time of your arrest are often used against you in drug cases. Saying “these aren’t all mine” or “I was just holding them for a friend” can be enough for a prosecutor to file the more serious intent to distribute a case.

The Gwinnett County District Attorney’s Office Prosecutes Intent to Distribute Aggressively

Intent to distribute cases are prosecuted through the Gwinnett Justice & Administration Center. Drug cases that involve potential distribution of drugs are treated much differently than someone with an addiction or using for personal use.

As a result of the public safety focus, prosecutors often view these cases as less discretionary, leading to the assumption that any plea offer will be less negotiable, bond will be higher, and sentencing upon conviction will be at the maximum or near-maximum.

Intent to distribute drug charges also have more far-reaching consequences than jail time. They also impact your ability to get or keep a job, professional licenses, housing, and education. The negative consequences for someone who is not a United States citizen can be much more severe.

Intent to Distribute Charges Need to Be Addressed Quickly

Once the charges are filed, it will be challenging to reduce the case from intent to distribute to simple possession. It is not impossible, but it will require a proactive approach to address the evidence that led to the charge being filed.

What You Can Do About Intent to Distribute Charges

Intent to distribute drug charges are generally based on assumptions and circumstantial evidence. The theory that a defendant intended to distribute the drugs is generally open to interpretation, and a skilled drug defense lawyer can address those assumptions and show that they are incorrect.

The easiest way to do that is to start with the initial evidence and the police stop that led to the arrest.

• Was the initial stop and search legal? If it was not, then the evidence used against you would be suppressed, meaning that it would not be used against you by the State of Georgia.
• Circumstantial evidence: If the case does move forward, every text message, cell phone, digital scale, etc., will need to be challenged to show why the State of Georgia is making an assumption that the evidence does not show.

Legal reasons for the quantity, packaging, etc., in which the drugs were found need to be explained.

Seek Legal Guidance from a Knowledgeable Drug Defense Lawyer

A drug charge in Gwinnett County that appears to be simple possession can get escalated to an intent to distribute. The amount of drugs that you are in possession of, statements that you made at the time of arrest, and other factors can all be used against you.

If you are facing drug charges and are unsure of why the intent to distribute charges was filed, contact a drug crime defense attorney immediately. The sooner a proactive defense begins, the more options you have to protect your freedom and future. Contact us now.